CINCINNATI INS. CO. v. ENJOY LIFE NATURAL BRANDS, LLC, 4:15CV560 RWS. (2015)
Court: District Court, E.D. Missouri
Number: infdco20150528b77
Visitors: 1
Filed: May 27, 2015
Latest Update: May 27, 2015
Summary: MEMORANDUM AND ORDER RODNEY W. SIPPEL , District Judge . This matter is before me on plaintiff's motion for default judgment against defendant Enjoy Life Natural Brands for failure to plead or defend. The Clerk of the Court entered default against this defendant under Fed. R. Civ. P. 55(a) on May 26, 2015. However, as there is a defendant remaining in this case, this Court can enter a final default judgment against defendant Enjoy Life only if it "expressly determines that there is no just
Summary: MEMORANDUM AND ORDER RODNEY W. SIPPEL , District Judge . This matter is before me on plaintiff's motion for default judgment against defendant Enjoy Life Natural Brands for failure to plead or defend. The Clerk of the Court entered default against this defendant under Fed. R. Civ. P. 55(a) on May 26, 2015. However, as there is a defendant remaining in this case, this Court can enter a final default judgment against defendant Enjoy Life only if it "expressly determines that there is no just ..
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MEMORANDUM AND ORDER
RODNEY W. SIPPEL, District Judge.
This matter is before me on plaintiff's motion for default judgment against defendant Enjoy Life Natural Brands for failure to plead or defend. The Clerk of the Court entered default against this defendant under Fed. R. Civ. P. 55(a) on May 26, 2015. However, as there is a defendant remaining in this case, this Court can enter a final default judgment against defendant Enjoy Life only if it "expressly determines that there is no just reason for delay." Fed. R. Civ. R. 54(b). As plaintiff's motion makes no attempt to meet this standard, it will be denied without prejudice. The entry of default remains in effect, and plaintiff may seek final default judgment against defendant Enjoy Life at the conclusion of the case, or earlier, by filing an appropriate motion. Accordingly,
IT IS HEREBY ORDERED that the motion for default judgment [#15] is denied without prejudice.
Source: Leagle
