Summary
The court denied pro se Plaintiff Valerie Gray’s motion for default judgment as moot. The Clerk’s entry of default against Venanpri Group had been set aside, eliminating the prerequisite for obtaining a default judgment under Federal Rule of Civil Procedure 55.
Topics
Practice areas
Questions Presented
- Whether a plaintiff may obtain default judgment under Federal Rule of Civil Procedure 55 after the Clerk's entry of default has been set aside.
Holdings
- A plaintiff may obtain default judgment under Federal Rule of Civil Procedure 55 only after an entry of default by the Clerk has been secured; once the entry of default was set aside, Gray's motion for default judgment could not be granted.
Key quotations
“Pursuant to Federal Rule of Civil Procedure 55, a plaintiff may only obtain a default judgment after an entry of default by the Clerk of Court is secured.”
“After defendants default has been entered, plaintiff may apply for a judgment based on such default. This is a default judgment.” (84 F.3d at 141)
Factual background
Gray sued Venanpri Group and Agrisolutions Wear Technology Corp. pro se. After the Clerk entered default against Venanpri Group, that defendant successfully obtained an order setting aside the default before the district court resolved Gray's motion for default judgment.
Procedural history
Valerie Gray filed suit on November 24, 2025. Venanpri Group's attempted motion to dismiss was stricken because the entity was represented by a non-lawyer. The Clerk entered default against Venanpri Group on May 8, 2026, but the Magistrate Judge granted Venanpri Group's motion to set aside the default on June 11, 2026. The district court then denied Gray's motion for default judgment as moot.