Opinion
1:24-mc-00007-JDB-jay
11-04-2024
CARLIE HENSLEY, Plaintiff, v. DEVAN RAY TRULL, D.O., Defendant.
ORDER DENYING IN PART AND GRANTING IN PART PLAINTIFF'S MOTION FOR DEFAULT JUDGMENT
J. DANIEL BREEN UNITED STATES DISTRICT JUDGE
Before the Court is the October 23, 2024, motion of the Plaintiff, Carlie Hensley, for default judgment. (Docket Entry (“D.E.”) 5.) An entry of default under Federal Rule of Civil Procedure 55(a) “is a prerequisite to entry of a default judgment under Rule 55(b).” Ramada Franchise Sys. v. Baroda Enters., LLC, 220 F.R.D. 303, 305 (N.D. Ohio 2004) (citation omitted); see also RQSI Global Asset Allocation Master Fund, Ltd. v. APERQU Int'l PR LLC, No. 3:15-CV-00778-CRS, 2019 WL 1922502, at *4 (W.D. Ky. Feb. 21, 2019) report and recommendation adopted, No. 3:15-CV-778-CRS, 2019 WL 1922045 (W.D. Ky. Mar. 29, 2019) (citations omitted) (“To obtain a judgment by default, the moving party must initially request that the Clerk of the Court enter a default under Fed.R.Civ.P. 55(a).”). No default has been entered in this case as Plaintiff did not first file an application with the Clerk for an entry of default. Thus, the request for default judgment is DENIED.
Plaintiff also seeks “entry of an order setting forth that [the attached] judgment can now be recognized and enrolled in the state of Tennessee.” (D.E. 5.) Pursuant to 28 U.S.C. § 1963,
A judgment in an action for the recovery of money or property entered in any . . . district court . . . may be registered by filing a certified copy of the judgment in any other district . . . when the judgment has become final by appeal or expiration of the time for appeal .... A judgment so registered shall have the same effect as a judgment of the district court of the district where registered and may be enforced in like manner.
The Court finds that Plaintiff has met the requirements of 28 U.S.C. § 1963 and thus GRANTS that portion of the motion seeking recognition and enrollment of the attached judgment in the state of Tennessee.
IT IS SO ORDERED.
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