Ramos v. Keller

Full title: RICHARD RAMOS, Plaintiff, v. JIM KELLER, TASHA DOBBS, DUANE ROBINSON, and…

Court: United States District Court, D. Colorado

Date published: Oct 16, 2009

Civil Action No. 09-cv-00824-WYD-KLM (D. Colo. Oct. 16, 2009)

Opinion

Civil Action No. 09-cv-00824-WYD-KLM.

October 16, 2009

ORDER

KRISTEN MIX, Magistrate Judge

This matter is before the Court on Plaintiff's Motion for Default Judgment [Docket No. 49; Filed October 13, 2009] (the "Motion").

Plaintiff moves for default on the ground that Defendants have not filed a reply in support of their motion to dismiss. This is not a proper basis for default. Pursuant to Fed.R. Civil P. 55, a default judgment must be entered "[w]hen a party against whom a judgment for affirmative relief is sought has failed to plead or otherwise defend. . . ." The filing of the Motion to Dismiss indicates that Defendants have not failed to plead. Moreover, Defendants were not required to file a reply in support of their motion. See D.C.COLO.LCivR 7.1C ("the moving party may file a reply. . . ."). Accordingly,

IT IS HEREBY ORDERED that the Motion is DENIED.