PRESSLEY v. BIRD BRAIN, INC., 1:13-cv-00060-MR-DLH. (2013)
Court: District Court, W.D. North Carolina
Number: infdco20130531e20
Visitors: 8
Filed: May 30, 2013
Latest Update: May 30, 2013
Summary: ORDER MARTIN REIDINGER, District Judge. THIS MATTER is before the Court on the Plaintiffs' Motion for Entry of Default Judgment against Bird Brain, Inc. [Doc. 17]. The Plaintiffs move pursuant to Rule 55(b)(2) of the Federal Rules of Civil Procedure for the entry of a default judgment against the Defendant Bird Brain, Inc. [Doc. 17]. The Plaintiffs, however, have not yet moved for the entry of a default against this Defendant. In order to obtain a default judgment, the Plaintiffs must first
Summary: ORDER MARTIN REIDINGER, District Judge. THIS MATTER is before the Court on the Plaintiffs' Motion for Entry of Default Judgment against Bird Brain, Inc. [Doc. 17]. The Plaintiffs move pursuant to Rule 55(b)(2) of the Federal Rules of Civil Procedure for the entry of a default judgment against the Defendant Bird Brain, Inc. [Doc. 17]. The Plaintiffs, however, have not yet moved for the entry of a default against this Defendant. In order to obtain a default judgment, the Plaintiffs must first ..
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ORDER
MARTIN REIDINGER, District Judge.
THIS MATTER is before the Court on the Plaintiffs' Motion for Entry of Default Judgment against Bird Brain, Inc. [Doc. 17].
The Plaintiffs move pursuant to Rule 55(b)(2) of the Federal Rules of Civil Procedure for the entry of a default judgment against the Defendant Bird Brain, Inc. [Doc. 17]. The Plaintiffs, however, have not yet moved for the entry of a default against this Defendant. In order to obtain a default judgment, the Plaintiffs must first seek an entry of default pursuant to Rule 55(a). Once the Clerk of Court has entered a default against the Defendant, the Plaintiffs may then seek the entry of a default judgment. See Fed. R. Civ. P. 55(b). Accordingly, the Plaintiffs' motion for the entry of a default judgment is premature.
IT IS, THEREFORE, ORDERED that the Plaintiffs' Motion for Entry of Default Judgment against Bird Brain, Inc. [Doc. 17] is DENIED as premature.
IT IS SO ORDERED.
Source: Leagle
