Opinion
Civil Action No. 12-cv-02111-REB-KLM
04-26-2013
MARGUERITE E. BAIN, Plaintiff/Counterclaim Defendant, v. UNITED STATES DEPARTMENT OF THE TREASURY - INTERNAL REVENUE SERVICE, and ALL UNKNOWN PERSONS WHO CLAIM ANY INTEREST IN THE SUBJECT MATTER OF THIS ACTION, Defendants/Counterclaimants/Third-Party Plaintiffs, v. KEYBANK NATIONAL ASSOCIATION, Third-Party Defendant.
MINUTE ORDER
ENTERED BY MAGISTRATE JUDGE KRISTEN L. MIX
This matter is before the Court on Plaintiff's Motion for Default Judgment [Docket No. 39; Filed February 15, 2013] (the "Motion"). No response has been filed. In her Motion, Plaintiff asks the Court to enter a default judgment pursuant to Fed. R. Civ. P. 55(b)(2). Motion [#39] at 1.
"[Federal] Rule [of Civil Procedure] 55 mandates a two-step process for a party who seeks a default judgment in [her] favor." Williams v. Smithson, 57 F.3d 1081, at *1 (10th Cir. June 20, 1995) (unpublished table decision); U.S. Commodity Futures Trading Com'n v. Trimble, Civil Action No. 11-cv-02887-PAB-KMT, 2013 WL 317576, at *1 (D. Colo. Jan. 28, 2013). First, the party seeking a default judgment must request an entry of default from the Clerk of the Court under Fed. R. Civ. P. 55(a). Id. After default has been entered by the Clerk, the party may seek default judgment pursuant to Fed. R. Civ. P. 55(b). Id. Here, Plaintiff never sought entry of default pursuant to Fed. R. Civ. P. 55(a). Accordingly,
IT IS HEREBY ORDERED that the Motion [#39] is DENIED without prejudice.