Opinion
CIVIL NO. 11-6782(NLH)(AMD)
05-02-2012
HICA EDUCATION LOAN CORPORATION, Plaintiff, v. FRANK J. BROWN, Defendant.
MICHAEL JUSTIN MCCULLEY WELTMAN, WEINBERG & REIS CO., LPA On behalf of plaintiff
ORDER
APPEARANCES:
MICHAEL JUSTIN MCCULLEY
WELTMAN, WEINBERG & REIS CO., LPA
On behalf of plaintiff HILLMAN, District Judge
This matter having come before the Court on Plaintiff's motion for the entry of default judgment pursuant to Federal Civil Procedure Rule 55; and
Rule 55 providing that obtaining a default judgment is a two-step process--first, when a defendant has failed to plead or otherwise respond, a plaintiff may request the entry of default by the Clerk of the Court, Fed. R. Civ. P. 55(a), and second, after the Clerk has entered the party's default, a plaintiff may then obtain a judgment by default by either (1) asking the Clerk to enter judgment, if the judgment is a sum certain, or (2) applying to the Court, Fed. R. Civ. P. 55(b); and
Plaintiff having requested the entry of default by the Clerk, and the Clerk having entered default on January 9, 2012; and
Plaintiff now applying to the Court for default judgment pursuant to Rule 55(b)(2); but
The Court also noting that Plaintiff is seeking a sum certain;
In its motion, plaintiff states that pursuant to Local Civil Rule 55.1(b), the Clerk of the Court may not enter a default judgment against a defendant. (See Br. at 3.) No such local rule exists in this District.
Accordingly,
IT IS HEREBY on this 2nd day of May, 2 012
ORDERED the Clerk of the Court is directed to enter the judgment of default, pursuant to Fed. R. Civ. P. 55(b)(1), in the amount of $7,265.95, plus prejudgment interest from January 10, 2012, to the date of this Order at the rate of $.69 per day; and it is further
ORDERED that plaintiff's motion for default judgment [6] is DENIED AS MOOT.
___________________________
NOEL L. HILLMAN, U.S.D.J
At Camden, New Jersey