Noble v. Genco I, Inc.

Full title: MARK NOBLE, Plaintiff v. GENCO I, INC., Defendant

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

Date published: Sep 14, 2010

Civil Action 2:10-cv-648 (S.D. Ohio Sep. 14, 2010)

Opinion

Civil Action 2:10-cv-648.

September 14, 2010

ORDER

ALGENON MARBLEY, District Judge

This matter is before the Court pursuant to Plaintiffs Motion for Entry of Default Judgment (Doc. 9). Plaintiff filed his complaint in this action on July 22, 2010. He now avers that Defendant Genco I, Inc. has failed to appear, plead or otherwise defend this action within the time allowed by law, and requests that the Clerk of Court enter a default against Defendant.

However, the docket in this case indicates that Defendant filed a motion to dismiss on August 24, 2010, the date by which it was required to respond. (Doc. 7.) If a defendant files a motion to dismiss under Fed.R.Civ.P. 12(b)(6) — which Defendant Genco I, Inc. has done here — then it has not failed to "otherwise defend". Fed.R.Civ.P. 55(a). Defendant is therefore not in default. The motion (Doc. 9) is DENIED. IT IS SO ORDERED. Dated: September 14, 2010