Opinion
Civil Action 2:10-cv-00263.
September 24, 2010
ORDER
This matter is before the Court for consideration of Plaintiff's Motion for Default Judgment (Doc. 6). For the reasons that follow, the Court DENIES Plaintiff's Motion WITHOUT PREJUDICE.
Plaintiff moves for the clerk to enter default judgment pursuant to Federal Rule of Civil Procedure 55(b)(1). Nevertheless, the docket fails to indicate that prior to seeking a default judgment, Plaintiff first obtained an entry of default as contemplated by Federal Rule of Civil Procedure 55(a). An entry of default is distinct from entry of a default judgment. See O.J. Distrib., Inc. v. Hornell Brewing Co., Inc., 340 F.3d 345, 353 (6th Cir. 2003); S.D. Ohio Civ. R. 55.1(b). By asking only for a default judgment, Plaintiff has failed to follow the sequential procedure set forth in Rule 55. See Heard v. Caruso, 351 Fed. Appx. 1, 15 (6th Cir. 2009) ("Prior to obtaining a default judgment under either Rule 55(b)(1) or Rule 55(b)(2), there must be an entry of default as provided by Rule 55(a).") (internal quotation omitted). The Court therefore cannot enter a default judgment under Rule 55(b). Cf. O.J. Distrib., Inc., 340 F.3d. at 352 ("`Rule 55 permits the clerk to enter a default when a party fails to defend an action as required. The court may then enter default judgment.'" (emphasis added)) (quoting Weiss v. St. Paul Fire Marine Ins. Co., 283 F.3d 790, 794 (6th Cir. 2002)).
Accordingly, without expressing any opinion as to whether Plaintiff is entitled to an entry of default or subsequent default judgment, the Court DENIES Plaintiff's Motion for Default Judgment WITHOUT PREJUDICE.
IT IS SO ORDERED.
September 24, 2010