Opinion
CIVIL ACTION NO. 02-1013
July 31, 2002
MEMORANDUM AND ORDER
On February 27, 2002, Robert Clark and A.D.A. ACCESS TODAY ("Plaintiffs") filed a Complaint alleging violations of Title III of the Americans with Disabilities Act of 1990. Casino Deli, Manuel Rosen and Barbara Rosen ("Defendants") returned executed Waivers of Formal Service dated May 16, 2002, which were filed on June 3, 2002. Defendants were given until July 15, 2002 to file an Answer to the Complaint, which time has expired without an Appearance or an Answer.
On July 25, 2002, Plaintiffs filed a Motion for Default Judgment. Although entry of default is a prerequisite to obtaining a default judgment under Federal Rule of Civil Procedure 55(b)(1) or 55(b)(2), no default has been entered in this case because Plaintiffs have not filed any application with the Clerk of the Court for entry of default. 10A Wright, Miller Kane, Federal Practice and Procedure: Civil 3d § 2682 (1998).
Accordingly, provided Plaintiffs secure the entry of default prior to August 21, 2002, the Court will hold an evidentiary hearing on Plaintiffs' Motion for Default Judgment on August 21, 2002 at 10 a.m. in Courtroom 4B to determine damages and requests for other relief. Plaintiffs shall serve a copy of this Memorandum and Order, their Motion for Default Judgment and any related documents on Defendants within seven (7) days and Plaintiffs shall file proof of such service with this Court.
AND NOW, this 31st day of July, 2002, it is ORDERED that:
1. An evidentiary hearing on Plaintiffs' Motion for Default Judgment is scheduled for August 21, 2002 at 10 a.m. in Courtroom 4B to determine damages and requests for other relief;
2. Plaintiffs serve a copy of this Memorandum and Order, their Motion for Default Judgment and any related documents on Defendants within seven (7) days; and
3. Plaintiffs file proof of such service with this Court.