United States District Court, D. New Jersey
JAMES B. CLARK, III, Magistrate Judge.
This matter having come before the Court by way of Plaintiff's Motion for Summary Judgment/Default [Dkt. No. 7] and Plaintiff's Motion for Judgement by Default [Dkt. No. 8] pursuant to Federal Rules of Civil Procedure 55 and 56;
and Federal Rule of Civil Procedure 55(b)(2) permitting the Court to enter default judgment in civil actions;
and "[p]rior to obtaining a default judgment under either Rule 55(b)(1) or Rule 55(b)(2), there must be an entry of default as provided by Rule 55(a)[, ]" Nationwide Mut. Ins. Co. v. Starlight Ballroom Dance Club, Inc., 175 F.Appx. 519, 521 n.1 (3d Cir. 2006) (quoting 10A Charles Alan Wright, et al., Federal Practice and Procedure § 2682, at 13 (3d ed. 1998)); see Johnson v. N.J. Dep't of Corrections, No. 11-5764, 2013 1903269, at *1 n.1 (D.N.J. May 7, 2013) ("[D]efault judgment requires, and Plaintiff failed, to first obtain entry of default from the Clerk of the Court") (citation omitted);
and it appearing that Plaintiff failed to obtain entry of default from the Clerk of the Court prior to moving for entry of default judgment;
IT IS on this 6th day of May, 2015,
ORDERED that Plaintiff's motions for default judgment [Dkt. Nos. 7, 8] are DENIED without prejudice to Plaintiff's right to refile if the Clerk enters default against any Defendant in this matter; and it is further
ORDERED that Plaintiff's Motion for Summary Judgment is DENIED without prejudice to Plaintiff's right to refile at a later date with ...