Summary
This Memorandum and Order from the U.S. District Court for the Eastern District of Missouri addresses the defendants' failure to respond to the First Amended Complaint and evaluates whether to enter default under Federal Rule of Civil Procedure 55(a). The court observes that although the parties informally agreed to pause proceedings pending a Second Amended Complaint, no such document was filed, resulting in a procedural standstill. Finding sufficient cause to temporarily avoid default, the judge directs the plaintiffs to file a motion for leave to file a Second Amended Complaint within ten days, warning that failure to do so will result in default proceedings on the current operative complaint.
Topics
Practice areas
Questions Presented
- Whether the district court must enter default against defendants under Federal Rule of Civil Procedure 55(a) when the plaintiff has not requested entry of default.
- What procedural steps the plaintiffs must take to avoid default and proceed with the case.
Holdings
- The court held that defendants have shown sufficient cause to avoid entry of default at this time.
- Plaintiffs must file within ten (10) days a motion for leave to file a Second Amended Complaint that complies with Federal Rule 15 and Local Rule 4.07.
Key quotations
“IT IS HEREBY ORDERED that within ten (10) days of the date of this Memorandum and Order, plaintiffs shall file a motion for leave to file a Second Amended Complaint in the manner prescribed by the appropriate federal and local rules.”
“The plain language of Rule 55(a) . . . does not mandate that a default be entered only upon plaintiff’s request but rather implies that however a district court ultimately becomes aware of a party’s default, the clerk must enter default.”
Factual background
Plaintiffs served the defendants with a First Amended Complaint on April 4, 2025. Defendants did not answer or otherwise defend. The parties allegedly agreed that plaintiffs would file a Second Amended Complaint, but no such filing occurred. The case remained at a standstill.
Procedural history
Plaintiffs filed a First Amended Complaint on April 4, 2025. Defendants failed to answer. On June 10, 2025, the court ordered defendants to show cause why default should not be entered. Defendants asserted an agreement to file a Second Amended Complaint, which was never filed. The court, sua sponte, reviewed the file and issued this memorandum and order.
Remand instructions
Plaintiffs shall file a motion for leave to file a Second Amended Complaint within ten (10) days of the date of this Memorandum and Order; if they fail to do so, the First Amended Complaint will remain operative and defendants must answer or face entry of default.