Automated Summary
Key Facts
Plaintiff My Daily Choice, Inc. filed a breach of contract, fraud, and unjust enrichment action against defendants Kiss Nutraceuticals, LLC and Cole T. Evans on January 30, 2025. Plaintiff filed two motions for entry of clerk's default (ECF Nos. 9 and 14), but both were denied because the plaintiff failed to file required affidavits or declarations in support as mandated by Federal Rule of Civil Procedure 55(a). The court entered an order denying both motions without prejudice, noting that entry of default requires a two-step process including proper documentation before seeking default judgment.
Transaction Type
Civil case involving breach of contract, fraud, and unjust enrichment - not a specific commercial transaction type
Issues
- The court addresses whether the plaintiff properly followed Federal Rule of Civil Procedure 55 requirements for entry of clerk's default. The court notes that entry of default is a two-step process requiring both a motion and an affidavit or declaration in support, which the plaintiff failed to provide in either of the two motions filed. The court also notes that defendants have failed to file an answer or responsive pleading, which suggests default may be appropriate, but the procedural deficiencies preclude the Clerk from entering default.
- The court discusses the relationship between entry of default and default judgment, noting that a motion for default judgment is improperly filed before obtaining an entry of default against defendants. The court indicates that if plaintiff seeks to refile a motion for default judgment, it must first comply with Rule 55(a) to obtain proper entry of default from the clerk.
Holdings
The court denied plaintiff's motions for entry of clerk's default (ECF Nos. 9 and 14) without prejudice because plaintiff failed to file an affidavit or declaration in support of its requests, which is required under Federal Rule of Civil Procedure 55(a).
Legal Principles
Federal Rule of Civil Procedure 55 governs entry of default and default judgment. Rule 55(a) requires that when a party fails to plead or otherwise defend, and that failure is shown by affidavit or otherwise, the clerk must enter the party's default. This is a two-step process: first entry of default, then application for default judgment under Rule 55(b). The plaintiff must electronically file a motion for entry of default, an affidavit or declaration in support, a proposed entry of default, and a certificate of service.
Precedent Name
- Eitel v. McCool
- Ardalan v. McHugh
Cited Statute
Federal Rules of Civil Procedure
Judge Name
Cristina D. Silva
Passage Text
- A review of the docket reveals the defendants have failed to file an answer or any responsive pleading, which suggests default may be appropriate here. But the plaintiff failed to file an affidavit or declaration in support of its request, which precludes the Clerk of Court from entering default. Consequently, both motions for entry of default are denied without prejudice.
- To move for entry of clerk's default, a party must electronically file: 1) a motion for entry of default, 2) an affidavit (or declaration) in support of the motion, 3) a proposed entry of default, and 4) a certificate of service. Counsel is advised to electronically file an affidavit (or declaration) in support of the motion for entry of clerk's default.
Damages / Relief Type
Compensatory Damages - Amount not specified in document