Opinion
Civil No. 11-7637 (RBK/KMW)
02-08-2013
KEITH E. LECLAIRE Plaintiff v. HECTOR A. HADDOCK and EAST COAST BULK CORP. Defendants.
NOT FOR PUBLICATION
(Doc. No. 12)
ORDER
THIS MATTER having come before the Court upon Plaintiff Keith E. LeClaire's ("Plaintiff") motion for default judgment pursuant to Fed. R. Civ. P. 55(b)(2); and
IT APPEARING TO THE COURT that Plaintiff served Defendants in this matter with a Complaint and Summons via substituted service as ordered by the Court on December 17, 2012 (Doc. No. 10); and
IT FURTHER APPEARING TO THE COURT that such substituted service was executed on December 21, 2012 (see Affidavit of Service, Doc. No. 11); and
IT FURTHER APPEARING TO THE COURT that Defendants did not file an answer to Plaintiff's Complaint within the 21-day time period for a responsive pleading under Fed. R. Civ. P. 12(a)(1)(A)(i); and
IT FURTHER APPEARING TO THE COURT that Plaintiff did not seek an entry of default from the clerk of court under Fed. R. Civ. P. 55(a) after Defendants failed to plead or otherwise defend in this matter; and
IT FURTHER APPEARING TO THE COURT that, since Plaintiff filed the instant motion for default judgment, Defendants have filed their Answer to Plaintiff's Complaint (Doc. No. 13); and
THE COURT NOTING that a party seeking relief under Fed. R. Civ. P. 55(b)(2) must first obtain an entry of default from the clerk of court under Fed. R. Civ. P. 55(a) as a precondition of obtaining a default judgment (see Doug Brady, Inc. v. New Jersey Bldg. Laborers Statewide Funds, 250 F.R.D. 171, 177 (D.N.J. 2008) (citing Nationwide Mutual Ins. Co. v. Starlight Ballroom Dance Club, Inc., 175 Fed. App'x 519, 521 n.1 (3d Cir. 2006)));
IT IS HEREBY ORDERED that Plaintiff's motion for default judgment is DENIED.
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ROBERT B. KUGLER
United States District Judge