Patrick Ivan Brown v. Tara McCoy

Summary

The court denies the plaintiff's motion for default judgment as premature because the Clerk had not yet entered default under Federal Rule of Civil Procedure 55(a). The court grants the plaintiff's motion for entry of default and orders the Clerk to enter default against the defendant, who failed to plead or otherwise defend. The court also notes that the plaintiff has not established damages or a basis for punitive damages.

Holdings

1. Default judgment under Federal Rule of Civil Procedure 55(b) is appropriate only after default has first been established and entered under Rule 55(a). Because Plaintiff moved for default judgment before entry of default, the motion was premature and was denied.
2. The Clerk must enter default against a defendant who has failed to plead or otherwise defend as required by Federal Rule of Civil Procedure 55(a).
3. Plaintiff did not establish entitlement to the requested $600,000 in damages because the request was not for a sum certain and Plaintiff submitted no evidence supporting compensatory damages or the grounds for punitive damages.

Questions Presented

1. Whether default judgment may be entered before the Clerk has entered default under Federal Rule of Civil Procedure 55(a).
2. Whether the Clerk should enter default against a defendant who has failed to plead or otherwise defend.
3. Whether Plaintiff adequately supported his requested compensatory and punitive damages.

Disposition

other