McCoy v. Jayell Ranch

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO WESTERN DIVISION KATHLEEN MCCOY, : Case No. 1:19-cv-126 Plaintiff, Judge Timothy S. Black VS. : JAYELL RANCH, et al., : Defendants.

ORDER DENYING PLAINTIFF’S SUBMISSIONS REGARDING DEFAULT JUDGMENT (Docs. 5, 6) This civil action is before the Court on Plaintiff's “Motion for Default Judgment” and Plaintiff's “Request for Cle[r]k of Courts to Enter Default Judgment” (collectively the “Submissions”). (Docs. 5, 6). The former asks the Court to “enter a default judgment against the Defendant Jayell Ranch.” (Doc. 5 at 1). The latter asks the Clerk to “{Jenter a default judgment against the Defendant Jayell Ranch.” (Doc. 6 at 1). On the Court’s review, both Submissions miss the mark.

Rule 55 governs the Submissions. Fed. R. Civ. P. 55. Where, as appears to be the case here, a civil action does not involve a sum certain,' Rule 55 sets out a two-step process. First, the Clerk must issue an entry of default under Rule 55(a). Second, the plaintiff must file a motion for a default judgment under Rule 55(b)(2). After the Clerk’s ' (Compare, e.g., Doc. | at J 7 (alleging that “Plaintiff has incurred undetermined miscellaneous expenses”), and id. at 4 (demanding judgment in an amount “which represents fair, reasonable[, ] and just compensation”), with Tindall v. One 1973 Ford Mustang, No. 2:05-CV-73467, 2006 WL 1329168, at *4 (E.D. Mich. May 16, 2006) (defining a sum certain as “[a]ny amount that is fixed, settled, or exact’). entry of default and the plaintiff's motion for default judgment, the Court considers whether a default judgment is proper. See id. Here, Plaintiff has not followed Rule 55’s two-step process. She has skipped step one. Neither of the Submissions asks for an entry of default. Instead, both of the Submissions ask for a default judgment—outright. Under such circumstances, the Submissions must be denied. Cf’ Ramada Franchise Sys., Inc. v. Baroda Enters., LLC, 220 F.R.D. 303, 305 (N.D. Ohio 2004) (stating that an “entry of default is a prerequisite to a default judgment” (emphasis added)).

Based upon the foregoing, the Submissions (Docs. 5, 6) are DENIED without prejudice, so that Plaintiff may: (1) apply to the Clerk for an entry of default; then (2) after default is entered, file an appropriate motion for a default judgment.

IT IS SO ORDERED.

Date: i|aal 2029 v.4 g Rok Timothy S. Black United States District Judge * Accord Harrington v. Delta Career Educ. Corp., No. 2:17-CV-736, 2018 WL 3080450, at *2 (S.D. Ohio June 22, 2018) (“[Plaintiff] failed to first apply for entry of default with the Clerk, which is a necessary prerequisite to a Court’s entry of default judgment. The Motion for Default Judgment against [Defendant] . . . is therefore DENIED WITHOUT PREJUDICE. Once [Plaintiff] applies for default with the Clerk and default is entered, [Plaintiff] may re-file a Motion for Default Judgment.”); N.B. Methe v. Amazon.com.dedc, LLC, No. 1:17-CV-749, 2019 WL 3082329, at *1—-2 (S.D. Ohio July 15, 2019) (setting forth the requirements of an appropriate motion for a default judgment).