THOMAS v. STATE OF NEW JERSEY et al
Filing
12
ORDER denying Plaintiff's 5 Motion for Default Judgment. Signed by Judge Robert B. Kugler on 4/26/2012. (TH, )
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NOT FOR PUBLICATION
(Doc. No. 5)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW JERSEY
CAMDEN VICINAGE
_____________________________________
:
HON. JAMES BRENT THOMAS, SR.,
:
on behalf of himself and all other
:
similarly situated, and in the interest of
:
the general public,
:
:
Plaintiff,
:
Civil No. 11-2119 (RBK/KMW)
:
v.
:
ORDER
:
STATE OF NEW JERSEY,
:
HON. CHRIS CHRISTIE, and
:
MR. or MRS. JOHN DOE,
:
:
Defendants.
:
____________________________________ :
THIS MATTER having come before the Court on the motion of Hon. James Brent
Thomas, Sr. (“Plaintiff”), on behalf of himself and all others similarly situated, in the interest of
the general public, for default judgment on Plaintiff’s claim against the State of New Jersey,
Hon. Chris Christie, and Mr. or Mrs. John Doe (“Defendants”); and
IT APPEARING TO THE COURT that, as Defendants’ September 28, 2011 letter to
the Court indicates, Defendants had not at that time been served with the summons and
Complaint in this matter, Doc. No. 6; and
IT FURTHER APPEARING TO THE COURT that the Summons of Hon. Chris
Christie and the State of New Jersey were each returned unexecuted on January 23, 2012, Doc.
Nos. 9, 10; and
IT FURTHER APPEARING TO THE COURT that the Clerk has not entered
Defendants’ default in this matter; and
THE COURT NOTING that Federal Rule of Civil Procedure 4(c)(1) provides that “[a]
summons must be served with a copy of the complaint,” Fed. R. Civ. P. 4(c)(1); and
THE COURT NOTING FURTHER that “[w]hen a party against whom a judgment for
affirmative relief is sought has failed to plead or otherwise defend, and that failure is shown by
affidavit or otherwise, the clerk must enter the party’s default,” Fed. R. Civ. P. 55; and
THE COURT FINDING that default judgment for Plaintiff is not proper under these
circumstances;
IT IS HEREBY ORDERED that Plaintiff’s motion for default judgment is DENIED.
Dated: 4/26/2012
/s/ Robert B. Kugler
ROBERT B. KUGLER
United States District Judge
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