Opinion
3:22-cv-00622
11-07-2022
BRANDON SMITH, Plaintiff, v. SOO W. KIM and SOONJA KIM, Defendants.
JEFFREY S. FRENSLEY, MAGISTRATE JUDGE
ORDER DENYING MOTION FOR ENTRY OF DEFAULT
WAVERLY D. CRENSHAW, JR. CHIEF JUDGE
On October 10, 2022, Plaintiff Brandon Smith filed a Motion for Entry of Default against Defendants Soo W. Kim and Soonja Kim. (Doc. No. 14). Pursuant to Local Rule 55.01, “[m]otions for entry of default under Fed.R.Civ.P. 55(a) must be accompanied by an unsworn declaration under penalty of perjury under 28 U.S.C. § 1746 verifying: (i) proof of service; (ii) the opposing party's failure to plead or otherwise defend; (iii) if the opposing party is an individual, that the opposing party is not a minor or incompetent person; and, (iv) if the opposing party is an individual, that the opposing party is not in the military service, as required by 50 U.S.C. § 3931(b)(1).” L.R. 55.01 (emphasis added). Plaintiff's Motion is procedurally defective as it fails comply with Local Rule 55.01. Accordingly, Plaintiff's Motion for Entry of Default (Doc. No. 14) is DENIED without prejudice.