MetroPCS v Mynextcellular, LLC, No. 4:2016cv00283 - Document 52 (E.D. Tex. 2017)
Court Description: MEMORANDUM OPINION AND ORDER - It is therefore ORDERED that Plaintiff's Motion for Entry of Default Against Defendants Elton Chau and Anuj Shah (Dkt. 29 ) is hereby DENIED. Signed by Judge Amos L. Mazzant, III on 4/4/2017. (baf, )
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MetroPCS v Mynextcellular, LLC Doc. 52 United States District Court EASTERN DISTRICT OF TEXAS SHERMAN DIVISION METROPCS, a brand of T-MOBILE USA, Inc., a Delaware Corporation V. MYNEXTCELLULAR, LLC, a Texas Limited Liability Company; ELTON CHAU; and ANUJ SHAH § § § § § § § § CASE NO. 4:16-CV-283 Judge Mazzant MEMORANDUM OPINION AND ORDER Pending before the Court is Plaintiff’s Motion for Entry of Default Against Defendants Elton Chau and Anuj Shah (Dkt. #29). Having considered the relevant pleadings, the Court finds the motion should be denied. On May 2, 2016, Plaintiff filed a Complaint for Damages and Injunctive Relief against Defendants. On December 21, 2016, Plaintiff filed a Motion for Entry of Default Against Defendants Elton Chau and Anuj Shah pursuant to Fed. R. Civ. P. 55(b)(2) (Dkt. #29). Rule 55 of the Federal Rules of Civil Procedure sets forth certain conditions under which default may be entered against a party, as well as the procedure to seek the entry of default judgment. Fed. R. Civ. P. 55. The Fifth Circuit requires a three-step process for securing a default judgment. New York Life Ins. Co. v. Brown, 84 F.3d 137, 141 (5th Cir. 1996). First, a default occurs when a defendant has failed to plead or otherwise respond to the complaint within the time required by Rule 12 of the Federal Rules of Civil Procedure. Fed. R. Civ. P. 55(a); New York Life Ins., 84 F.3d at 141. Next, an entry of default may be entered by the clerk when the default is established by affidavit or otherwise. Fed. R. Civ. P. 55(a); New York Life Ins., 84 F.3d at 141. Third, a plaintiff may then apply to the clerk or the court for a default judgment after an entry of default. Fed. R. Civ. P. 55(b); New York Life Ins., 84 F.3d at 141. Dockets.Justia.com In this case, Plaintiff has not requested a Clerk’s Entry of Default. Instead, Plaintiff filed a Motion for Entry of Default pursuant to Rule 55(b)(2) (a default judgment entered by the court).1 . Based upon these facts, Plaintiff is not entitled to default judgment at this time as there has been no request for Clerk’s Entry of Default. It is therefore ORDERED that Plaintiff’s Motion for Entry of Default Against Defendants Elton Chau and Anuj Shah (Dkt. #29) is hereby DENIED. SIGNED this 4th day of April, 2017. ___________________________________ AMOS L. MAZZANT UNITED STATES DISTRICT JUDGE 1 The Magistrate Judge originally denied this motion. However, the Magistrate Judge did not have jurisdiction to deny a motion for default judgment. 2
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