Opinion
Civil No. 11-2119 (RBK/KMW)
04-26-2012
HON. JAMES BRENT THOMAS, SR., on behalf of himself and all other similarly situated, and in the interest of the general public, Plaintiff, v. STATE OF NEW JERSEY, HON. CHRIS CHRISTIE, and MR. or MRS. JOHN DOE, Defendants.
NOT FOR PUBLICATION
(Doc. No. 5)
ORDER
THIS MATTER having come before the Court on the motion of Hon. James Brent Thomas, Sr. ("Plaintiff"), on behalf of himself and all others similarly situated, in the interest of the general public, for default judgment on Plaintiff's claim against the State of New Jersey, Hon. Chris Christie, and Mr. or Mrs. John Doe ("Defendants"); and
IT APPEARING TO THE COURT that, as Defendants' September 28, 2011 letter to the Court indicates, Defendants had not at that time been served with the summons and Complaint in this matter, Doc. No. 6; and
IT FURTHER APPEARING TO THE COURT that the Summons of Hon. Chris Christie and the State of New Jersey were each returned unexecuted on January 23, 2012, Doc. Nos. 9, 10; and
IT FURTHER APPEARING TO THE COURT that the Clerk has not entered Defendants' default in this matter; and
THE COURT NOTING that Federal Rule of Civil Procedure 4(c)(1) provides that "[a] summons must be served with a copy of the complaint," Fed. R. Civ. P. 4(c)(1); and
THE COURT NOTING FURTHER that "[w]hen a party against whom a judgment for affirmative relief is sought has failed to plead or otherwise defend, and that failure is shown by affidavit or otherwise, the clerk must enter the party's default," Fed. R. Civ. P. 55; and
THE COURT FINDING that default judgment for Plaintiff is not proper under these circumstances;
IT IS HEREBY ORDERED that Plaintiff's motion for default judgment is DENIED.
________________________
ROBERT B. KUGLER
United States District Judge