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Tommie Beard and Joe Beard, Husband and Wife v. Horlanda M. Deleon-Deleon

UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY


May 6, 2013

TOMMIE BEARD AND JOE BEARD, HUSBAND AND WIFE, PLAINTIFFS,
v.
HORLANDA M. DELEON-DELEON, JOHN DOE 1-5, MARY DOE 1-5 AND/OR
DOE CORPORATION 1-5, DEFENDANT(S).

The opinion of the court was delivered by: Michael A. Hammer United States Magistrate Judge

ORDER

This matter having come before the Court by way of plaintiffs' motion for default judgment against defendant Horlanda M. Deleon-Deleon ("defendant") for defendant's failure to plead or otherwise defend as provided by Federal Rule of Civil Procedure 55(a), see Mot. Default J., Apr. 10, 2013, ECF No. 9; and plaintiffs seeking a default judgment against defendant on the purported basis that more than twenty-one (21) days have elapsed since defendant was served with process, and defendant has failed to plead or defend, see DeZao Decl. ¶ 7, Apr. 10, 2013, ECF No. 9-1; and it appearing that default has not yet been entered in this case, nor have plaintiffs sought the entry of default; and it further appearing that plaintiffs have failed to file a brief in support of the motion for default judgment and have failed to provide a statement explaining why no such brief is necessary, in contravention of Local Civil Rule 7.1(d);*fn1 and it further appearing that the Court cannot consider a motion unaccompanied by either a supporting brief or a statement that no brief is necessary, see Lamberty v. Rosenberg, No. 05-227 (JBS), 2008 U.S. Dist. LEXIS 25873 (D.N.J. Mar. 31, 2008); and for good cause shown;

IT IS ON THIS 6th day of May, 2013 ORDERED that plaintiffs' motion for default judgment (ECF No. 9) is terminated without prejudice; and it is further

ORDERED that, before refiling any such motion for default judgment, plaintiffs shall file on CM/ECF a request for entry of default as to defendant and shall address said request to the Clerk of the Court; and it is further

ORDERED that any renewed motion by plaintiffs for default judgment shall be accompanied by a brief that complies with Local Civil Rules 7.1 and 7.2, and the Federal Rules of Civil Procedure, or a statement that no brief is necessary.


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