Opinion
CIVIL 22-7552 (RMB/SAK)
06-08-2023
AMAALA MEDINA-JOHNSON, individually and as proposed Administratrix of the Estate of AMMIR JOHNSON, deceased, Plaintiff, v. VENTNOR CITY POLICE DEPARTMENT et al., Defendants.
ORDER
SHARON A. KING, United States Magistrate Judge.
The matter having come before the Court on the Motion to Enter Default[ECF No. 5] filed by Plaintiff Amaala Medina-Johnson; and the Court having received the opposition of Defendants Ventnor City Police Department and City of Ventnor (collectively, “Defendants”) [ECF No. 6]; and the Court having reviewed the moving papers and submissions, the record in this matter, and the applicable law; and Plaintiff seeking the entry default pursuant to Federal Rule of Civil Procedure 55(a) on the basis that Defendants failed to plead or otherwise defend this action upon its removal within the time prescribed by Rule 81(c)(2)(C), see Mot. at 1; Uzor Decl. ¶ 6; and Defendants certifying that, prior to the action's removal, Defendants filed an answer to the complaint, separate defenses, and jury demand in the state court action, see Reynolds Cert. ¶ 2; and Rule 81(c)(2) prescribing that, “[a]fter removal, repleading in unnecessary unless the court orders it;” and the Court having since ordered Defendants to refile their answer in this action for the sake of clarity and completeness, see Text Order, May 18, 2023 [ECF No. 9]; and Defendants having timely done so on May 25, 2023, see Defs.' Answer [ECF No. 10]; and accordingly, IT IS HEREBY ORDERED this 8th day of June, 2023, that Plaintiff's Motion to Enter Default [ECF No. 5] is DENIED as moot.
The Court notes that Plaintiff filed her motion as a motion for default judgment; in actuality, however, Plaintiff's motion is a motion to enter default. See Pl.'s Mot. at 1.
Hon. Renee Marie Bumb, Chief Judge