SANCHEZ v. SUNRISE RESTAURANT, INC et al
| FRANCISCO J. SANCHEZ |
| SEJADIN AJROSKI and SUNRISE RESTAURANT, INC |
| 2:2015cv00406 |
| December 11, 2015 |
| US District Court for the Southern District of Indiana |
| Terre Haute Office |
| Jane Magnus-Stinson |
| William G. Hussmann |
| Labor: Fair Standards |
| 29 U.S.C. ยง 201 Fair Labor Standards Act |
| None |
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Filing
19
ORDER DENYING MOTION FOR DEFAULT JUDGMENT - Plaintiff has not moved for a Clerk's entry of default pursuant to Federal Rule of Civil Procedure 55(a), and his motion for default judgment can be denied on that basis alone. Even if Plaintiff had moved for Clerk's entry of default, however, Rule 55(a) provides that it is appropriate to enter it when a defendant "has failed to plead or otherwise defend...." Defendants' opposition to Plaintiff's motion sufficiently explains their initial failure to answer Plaintiff's Complaint, and they are now represented by counsel and have filed an Answer to Plaintiff's Complaint on the Court's docket. For these reasons, Plaintiff's Motion for Default Judgment is DENIED. (See Order.) Signed by Judge Jane Magnus-Stinson on 2/4/2016. (GSO)
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