Opinion
CIVIL 19-13412 (RBK/AMD)
11-08-2021
MICHAEL 0. LIVINGSTONE, Plaintiff, v. HADDON POINT MANAGER, LLC, et al., Defendants.
ORDER
KUGLER, UNITED STATES DISTRICT JUDGE:
THIS MATTER coming before the Court upon Plaintiff Michael Livingstone's (“Plaintiff') Motion for Default Judgment (ECF No. 62); and
THE COURT NOTING that Plaintiff submitted his Motion for Default Judgment pursuant to Federal Rule of Civil Procedure 55(b)(2) on March 30, 2021 (ECF No. 62); and
THE COURT FURTHER NOTING that Plaintiff included a letter requesting the Clerk of the Court enter “default judgment” against Defendants attached to his Motion for Default Judgment (ECF No. 62-4); and
THE COURT FURTHER NOTING that “the entry of default is an essential predicate to any default judgment.” DeTore v. Loc. No. 245 of Jersey City Pub. Emp. Union, 511 F.Supp. 171, 176 (D.N.J. 1981); see also Limehouse v. Delaware, 144 Fed.Appx. 921, 923 (3d Cir. 2005) (“[T]he District Court properly denied the motion because [the plaintiff] failed to obtain entry of default prior to seeking a default judgment.”); Lancaster v. New Jersey Transit Corp., No. 20- 1995, 2021 WL 4473114, at *6 (D.N.J. Sept, 30, 2021) (“Given Plaintiff had not received an entry of default by the Clerk of Court against Defendants prior to filing his Motion for Default Judgment, the Court must deny such request.”); Paris v. Pennsauken Sch. Dist., No. 12-7355, 2013 WL 4047638, at *5 (D.N.J. Aug. 9, 2013) (“It is well established that, in order to receive a judgment of default pursuant to Rule 55(b)(1) or 55(b)(2), a party must first obtain entry of a default from the Clerk of Court.”); and
THE COURT FURTHER NOTING that Plaintiff did not obtain an entry of default from the Clerk of the Court prior to filing his Motion for Default Judgment; therefore
IT IS HEREBY ORDERED that Plaintiffs Motion for Default Judgment (ECF No. 62) is DENIED.