Quillen Smith v. U.S. Bank National Association, No. 3:2020cv00364 - Document 5 (S.D. Ohio 2020)
Court Description: DECISION AND ENTRY OVERRULING WITHOUT PREJUDICE PLAINTIFF'S MOTION FOR DEFAULT JUDGMENT (DOC. # 4 ). Signed by Judge Walter H. Rice on 10/6/2020. (srb)
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Quillen Smith v. U.S. Bank National Association Doc. 5 Case: 3:20-cv-00364-WHR Doc #: 5 Filed: 10/07/20 Page: 1 of 2 PAGEID #: 39 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO WESTERN DIVISION CHARLOTTE QUILLEN-SMITH, : Plaintiff, v. : U.S. BANK, N.A., Defendant. Case No. 3:20-cv-364 JUDGE WALTER H. RICE : DECISION AND ENTRY OVERRULING WITHOUT PREJUDICE PLAINTIFF’S MOTION FOR DEFAULT JUDGMENT (DOC. #4) Plaintiff has filed a Motion for Default Judgment, Doc. #4. The docket shows that Defendant was served on September 2, 2020, but has not yet filed an Answer or other responsive pleading. In federal court, there is a two-step process for obtaining a default judgment. The plaintiff must first ask the Clerk to enter default pursuant to Fed. R. Civ. P. 55(a). After default has been entered, the plaintiff may then move for default judgment under Fed. R. Civ. P. 55(b). Given that Plaintiff has not yet applied to the Clerk for an Entry of Default, the Court OVERRULES Plaintiff’s Motion for Default Judgment, Doc. #4, WITHOUT PREJUDICE to refiling. Dockets.Justia.com Case: 3:20-cv-00364-WHR Doc #: 5 Filed: 10/07/20 Page: 2 of 2 PAGEID #: 40 UQ QFS +VEHF 3JDF BVUIPSJ[BUJPO BGUFS IJT SFWJFX Date: October 6, 2020 WALTER H. RICE UNITED STATES DISTRICT JUDGE 2
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