Opinion
Case No. 17-2569-JWL
11-27-2017
MCA VENTURES, LLC, Plaintiff, v. KEPPEL BROTHERS, LLC, d/b/a 5th WHEEL PLACE RV CENTER; and KEVIN H. KEPPEL, Defendants.
MEMORANDUM AND ORDER
Plaintiff has moved for default judgment pursuant to Fed. R. Civ. P. 55 against both defendants (Doc. # 9), based on defendants' failure to respond to the complaint on or before the extended deadline of November 20, 2017. The Court denies the motion. Rule 55(b) allows for a default judgment only if default has first been entered against the defendant by the Clerk of Court under Rule 55(a). See Fed. R. Civ. P. 55; Federal Ins. Co. v. Cessna Aircraft Co., 2017 WL 2905576, at *1 (D. Kan. July 7, 2017) (Lungstrum, J.) (citing authorities). Plaintiff has not applied to the Clerk for entry of default, and it therefore may not yet seek a default judgment under Rule 55(b).
IT IS SO ORDERED.
Dated this 27th day of November, 2017, in Kansas City, Kansas.
s/ John W. Lungstrum
John W. Lungstrum
United States District Judge