Summary
The magistrate judge recommends denying Erice O. Magee’s motion for default judgment against Amazon. The recommendation concludes that the Clerk denied entry of default and that Amazon timely filed its answer within 21 days after service of the summons.
Topics
Practice areas
Questions Presented
- Whether Amazon was in default when it filed its answer 21 days after service of the summons.
- Whether a court may enter default judgment when the clerk has denied entry of default.
- Whether Plaintiff's motion for default judgment should be denied because the procedural prerequisites for default judgment were not satisfied.
Holdings
- Amazon was not in default because Federal Rule of Civil Procedure 12(a)(1)(A) measures the 21-day period for answering from service of the summons, not issuance of the summons, and Amazon answered within that period.
- A plaintiff must first obtain an entry of default under Federal Rule of Civil Procedure 55(a) before applying for a default judgment under Rule 55(b).
Key quotations
“To summarize, a plaintiff must satisfy three steps to obtain a default judgment: (1) default by the defendant; (2) entry of default by the court clerk; and (3) a default judgment granted by the court.”
“As such, Plaintiff is not entitled to seek a default judgment and entry of same would be entirely improper in light of the timely-filed answer.”
Factual background
Magee brought an employment case against Amazon. A summons issued on April 3, 2026, and Amazon was served through its registered agent on April 23, 2026. Amazon filed its answer on May 14, 2026, which was 21 days after service. Magee sought default based on the mistaken premise that the answer deadline ran from issuance of the summons rather than service.
Procedural history
Magee filed this employment action on June 17, 2025. After service on Amazon's registered agent on April 23, 2026, Amazon filed an answer on May 14, 2026. The Clerk denied Magee's motion for entry of default, and Magee then moved for default judgment. The magistrate judge recommended denial because no clerk's entry of default existed and Amazon answered within 21 days after service.