Reliant Pro Rehab, LLC v. Blue Ridge in the Fields, LLC
| Reliant Pro Rehab, LLC |
| Blue Ridge in the Fields, LLC |
| 0:2018cv02758 |
| October 10, 2018 |
| US District Court for the District of South Carolina |
| Mary Geiger Lewis |
| Contract: Other |
| 28 U.S.C. ยง 1332 |
| None |
Docket Report
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This docket was last retrieved on November 26, 2018. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 11 Clerk's ENTRY OF DEFAULT as to Blue Ridge in the Fields, LLC (cbru, ) |
| Filing 10 REQUEST FOR ENTRY OF DEFAULT Against Blue Ridge in the Fields, LLC, byReliant Pro Rehab, LLC. (Attachments: #1 Affidavit of Default)(Weatherly, Lee) Modified to edit text on 11/26/2018 (cbru, ). |
| Filing 9 TEXT ORDER: Under Fed. R. Civ. P. 55(b), a party seeking the entry of default judgment should request such entry rather than file a motion. The Court is not alone in this interpretation of the rule. See, e.g., Leland Oil & Gas, LLC v. Azar, No. 1:14-CV-161, 2015 WL 11143073, at *2 (D.N.D. Nov. 4, 2015), report and recommendation adopted, No. 1:14-CV-161, 2015 WL 11143075 (D.N.D. Dec. 2, 2015) (denying the plaintiff's motion for entry of default judgment because it was procedurally improper and construing the motion as a request for entry of default); Fanning v. Wegco, Inc., 5 F. Supp. 3d 1, 4 (D.D.C. 2013) ("Upon request of the party entitled to default, Rule 55(b)(2) authorizes the court to enter against the defendant a default judgment for the amount claimed and costs."). Counsel should follow the same course when asking for an entry of default under Rule 55(a): file a Request for the Entry of Default, not a motion. Accordingly, Plaintiff's #8 Motion for Entry of Default is denied. IT IS SO ORDERED. Signed by Honorable Mary Geiger Lewis on 11/20/2018.(cbru, ) |
| Filing 8 First MOTION for Entry of Default by Reliant Pro Rehab, LLC. Response to Motion due by 12/4/2018. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Supporting Documents Affidavit of Default)No proposed order.(Weatherly, Lee) |
| Filing 6 SUMMONS Returned Executed by Reliant Pro Rehab, LLC. Blue Ridge in the Fields, LLC served on 10/15/2018, answer due 11/5/2018. (Attachments: #1 Exhibit A - Letter to Def Blue Ridge in the Fields c/o Reg.Agent via Certified Mail, RRR, #2 Exhibit B - signed Green Return Receipt card) Filing corrected for event type (cbru, ) |
| Filing 5 Summons Issued as to Blue Ridge in the Fields, LLC. (cbru, ) |
| Filing 4 DISCLOSURE STATEMENT PURSUANT TO FRCP 7.1 by Reliant Pro Rehab, LLC.(cbru, ) |
| Filing 3 Local Rule 26.01 Answers to Interrogatories by Reliant Pro Rehab, LLC.(cbru, ) |
| Filing 1 COMPLAINT against Blue Ridge in the Fields, LLC (Filing fee $400 receipt number 0420-8046988) filed by Reliant Pro Rehab, LLC. Service due by 1/8/2019(cbru, ) |
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| Defendant: Blue Ridge in the Fields, LLC | |
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| Plaintiff: Reliant Pro Rehab, LLC | |
| Represented By: | Lee Cannon Weatherly |
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