Guardian Life Insurance Company of America v. Shue et al
| Guardian Life Insurance Company of America |
| Lucille Shue and Dianne Shue |
| Lucille Shue |
| Guardian Life Insurance Company of America |
| 3:2016cv00255 |
| June 21, 2016 |
| US District Court for the Southern District of Ohio |
| Dayton Office |
| MONTGOMERY |
| Walter H. Rice |
| Employee Retirement Income Security Act of 1974 |
| 29 U.S.C. ยง 1001 |
| None |
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Filing
17
DECISION AND ENTRY OVERRULING WITHOUT PREJUDICE MOTIONOF LUCILLE SHUE FOR DEFAULT JUDGMENT (DOC. # 16 - Defendant Lucille Shue has filed a Motion for Default Judgment. Doc. # 16 . Federal Rule of Civil Procedure 55 sets forth a two-step process for obtaining a judgment by default. The clerk must enter the party's default before default judgment can be granted.Shue has not yet applied to the clerk for an entry of default. Accordingly,her Motion for Default Judgment is premature, and is OVERRULED WITHOUTPREJUDICE to re-filing after default has been entered. Signed by Judge Walter H. Rice on 9/9/16. (kma)
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