Hudson v. Travelers

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF MISSISSIPPI EASTERN DIVISION ANTHONY HUDSON PLAINTIFF v. CIVIL NO. 2:23-cv-197-TBM-RPM TRAVELERS; COUNCILWOMAN GRACE AMOS; COUNCILMAN ANTHONY THAXTON; COUNCILWOMAN SHIRLEY KEYS JORDAN; COUNSILMAN GEORGE A. CARMICHAEL; MAYOR JOHNNY MAGEE; COUNCILWOMAN ANDREA ELLIS; COUNCILMAN JASON CAPERS; COUNCILMAN JAMES K. KELLY; COUNTY SUPERVISOR TRAVARES COMEGY; COUNTY SUPERVISOR LARRY DYKES; COUNTY SUPERVISOR PHIL DICKERSON; FCC INSURANCE/BRIERFIELD INSURANCE AGENCY; COUNTY SUPERVISOR DAVID SCRUGG; COUNTY SUPERVISOR JOHN A BURNETT, and; FCCI INSURANCE GROUP INC. DEFENDANTS ORDER DENYING PLAINTIFF’S MOTION FOR DEFAULT JUDGMENT On May 10, 2024, Plaintiff Anthony Hudson filed a Motion for Default Judgment [28] against Defendants FCCI Insurance Company, Supervisor David Scrugg, and Supervisor John A. Burnett. After a thorough review of the motion, the Court finds that Mr. Hudson’s Motion for Default Judgment is DENIED. Mr. Hudson’s Motion for Default Judgment is not properly filed. Prior to filing a Motion for Default Judgment, the party seeking the default judgment must first seek an entry of default from the clerk under Rule 55(a) of the Federal Rules of Civil Procedure. New York Life Ins. Co. v. Brown, 84 F.3d 137, 141 (5th Cir. 1996) (“An entry of default is what the clerk enters when the default is established by affidavit or otherwise. Fed. R. Civ. P. 55(a). After [] default has been entered, plaintiff may apply for a judgment based on such default. This is a default judgment.”); Wilson v. Mail Contractors of Am., Inc., 2010 WL 11682194 , at *1 (S.D. Miss. Aug. 9, 2010) (citing Advanced Commun. Design, Inc. v. Premier Retail Networks, Inc., 46 Fed. Appx. 964, 969 (Fed. Cir. 2002); Johnson v. Dayton Elec. Mfg. Co., 140 F.3d 781, 783 (8th Cir. 1998)). Further, Mr. Hudson has not made clear in his motion, what form of relief he is seeking from this Court’s potential granting of a default judgment. Though Mr. Hudson requested declaratory relief in his amended complaint [25] he makes no such request in his Motion for Default Judgment. Likewise, Mr. Hudson does not provide a proposed judgment to be entered or specify at all as to what he actually wants. For all these reasons, Mr. Hudson’s Motion for Default Judgment [28] is DENIED without prejudice. SO ORDERED AND ADJUDGED, this the 20th day of June, 2024. __________________________________ TAYLOR B. MCNEEL UNITED STATES DISTRICT JUDGE