LIVINGSTONE v. HADDON POINT MANAGER, LLC

NOT FOR PUBLICATION IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW JERSEY CAMDEN VICINAGE MICHAEL O. LIVINGSTONE, □ : Civil No. 19-13412 (RBK/AMD) Plaintiff, : v. ORDER HADDON POINT MANAGER, LLC, etal, : Defendants. KUGLER, United States District Judge: THIS MATTER coming before the Court upon Plaintiff Michael Livingstone’s (“Plaintiff”) Motion for Default Judgment (ECF No. 62); and THE COURT NOTING that Plaintiff submitted his Motion for Default Judgment pursuant to Federal Rule of Civil Procedure 55(b)(2) on March 30, 2021 (ECF No. 62); and THE COURT FURTHER NOTING that Plaintiff included a letter requesting the Clerk of the Court enter “default judgment” against Defendants attached to his Motion for Default Judgment (ECF No. 62-4); and THE COURT FURTHER NOTING that “the entry of default is an essential predicate to any default judgment.” DeTore v. Loc. No. 245 of Jersey City Pub. Emp. Union, 511 F. Supp. 171, 176 (D.N.J. 1981); see also Limehouse v. Delaware, 144 F. App'x 921, 923 (3d Cir. 2005) (“[T]he District Court properly denied the motion because [the plaintiff] failed to obtain entry of default prior to seeking a default judgment.”); Lancaster v. New Jersey Transit Corp., No. 20- 1995, 202] WL 4473114, at *6 (D.N.J. Sept. 30, 2021) (“Given Plaintiff had not received an entry of default by the Clerk of Court against Defendants prior to filing his Motion for Default Judgment, the Court must deny such request.”); Paris v. Pennsauken Sch. Dist., No. 12-7355, 2013 WL 4047638 , at *5 (D.N.J. Aug. 9, 2013) (“It is well established that, in order to receive a judgment of default pursuant to Rule 55(b)(1) or 55(b)(2), a party must first obtain entry of a default from the Clerk of Court.”); and THE COURT FURTHER NOTING that Plaintiff did not obtain an entry of default from the Clerk of the Court prior to filing his Motion for Default Judgment; therefore IT IS HEREBY ORDERED that Plaintiffs Motion for Default Judgment (ECF No. 62) is DENIED. Dated: _'*) 3) or, qh. NG ge ROBERT B. KUGLER United States District Judge