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CH2M Hill, Inc. v. Ohio River Clean Fuels, LLC

United States District Court, S.D. Ohio, Eastern Division
Sep 24, 2010
Civil Action 2:10-cv-00263 (S.D. Ohio Sep. 24, 2010)

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


Summaries of

CH2M Hill, Inc. v. Ohio River Clean Fuels, LLC

United States District Court, S.D. Ohio, Eastern Division
Sep 24, 2010
Civil Action 2:10-cv-00263 (S.D. Ohio Sep. 24, 2010)
Case details for

CH2M Hill, Inc. v. Ohio River Clean Fuels, LLC

Case Details

Full title:CH2M HILL, INC., Plaintiff, v. OHIO RIVER CLEAN FUELS, LLC, et al.…

Court:United States District Court, S.D. Ohio, Eastern Division

Date published: Sep 24, 2010

Citations

Civil Action 2:10-cv-00263 (S.D. Ohio Sep. 24, 2010)