Patricia Benjamin v. Esso Standard Oil co PR Medical Insurance Aig Life Insurance CO-MCS et al
DISTRICT COURT OF THE VIRGIN ISLANDS DIVISION OF ST. CROIX 5 PATRICIA BENJAMIN, court appointed 5 guardian of the Estate of RONALD 5 WILLIAMS, a minor, 5 2008-CV-0101 5 Plaintiff, 5 v. 5 5 ESSO STANDARD OIL CO., PR MEDICAL 5 INSURANCE AIG LIFE INSURANCE CO.– 5 MCS, and ESSO STANDARD OIL 5 COMPANY (PUERTO RICO), 5 5 Defendants. 5 __________________________________________5 TO: Kenth W. Rogers, Esq. Charles E. Engemean, Esq. Wilfredo A. Geigel, Esq. ORDER THIS MATTER came before the Court upon Plaintiff’s Motion For Default Judgment (Docket No. 12). This order is issued without necessity of response. The general rule is that entry of default must be entered prior to any entry of default judgment. See, e.g., Husain v. Casino Control Comm’n, 265 Fed. App. 130, 133 (3d Cir. 2008) (where the court notes, “[E]ntry of default by the Clerk under Federal Rule of Civil Case: 3:09-cv-00118-JRS-GWB Document #: 55 Filed: 03/30/09 Page 1 of 2 Benjamin v. Esso Standard Oil Co., P.R. Medical Ins. AIG Life Ins. …
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DISTRICT COURT OF THE VIRGIN ISLANDS DIVISION OF ST. CROIX 5 PATRICIA BENJAMIN, court appointed 5 guardian of the Estate of RONALD 5 WILLIAMS, a minor, 5 2008-CV-0101 5 Plaintiff, 5 v. 5 5 ESSO STANDARD OIL CO., PR MEDICAL 5 INSURANCE AIG LIFE INSURANCE CO.– 5 MCS, and ESSO STANDARD OIL 5 COMPANY (PUERTO RICO), 5 5 Defendants. 5 __________________________________________5 TO: Kenth W. Rogers, Esq. Charles E. Engemean, Esq. Wilfredo A. Geigel, Esq. ORDER THIS MATTER came before the Court upon Plaintiff’s Motion For Default Judgment (Docket No. 12). This order is issued without necessity of response. The general rule is that entry of default must be entered prior to any entry of default judgment. See, e.g., Husain v. Casino Control Comm’n, 265 Fed. App. 130, 133 (3d Cir. 2008) (where the court notes, “[E]ntry of default by the Clerk under Federal Rule of Civil Case: 3:09-cv-00118-JRS-GWB Document #: 55 Filed: 03/30/09 Page 1 of 2 Benjamin v. Esso Standard Oil Co., P.R. Medical Ins. AIG Life Ins. Co.–MCS 2008-CV-0101 Order Procedure 55(a) constitutes a general prerequisite for a subsequent default judgment under Rule 55(b)” (citations omitted)). A review of the record in this matter demonstrates that, while entry of default was entered by the Clerk of Court (Docket Nos. 5 and 6), such entry was set aside and vacated by the Court in its Order (Docket No. 29), entered February 17, 2009. Consequently, Plaintiff’s motion for default judgment is moot. Accordingly, it is now hereby ORDERED that Plaintiff’s Motion For Default Judgment (Docket No. 12) is DENIED AS MOOT. ENTER: Dated: March 30, 2009 /s/ George W. Cannon, Jr. GEORGE W. CANNON, JR. U.S. MAGISTRATE JUDGE Case: 3:09-cv-00118-JRS-GWB Document #: 55 Filed: 03/30/09 Page 2 of 2