IN RE BENEFITS FOR PRIMERICA POLICY NUMBERS ENDING IN 2084 AND 3112
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A party is not entitled to a default judgment merely because a clerk's default has been entered.
Cross-claimants moved for default judgment against Neville Graham and Richard Graham. Their prior motion was denied without prejudice for failing to s…
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Before the Court is the motion of cross-claimants J.P., Donovan Pasmore, and D.P. for entry of default judgment against Neville Graham and Richard Graham. [fn 1] (Doc. 55). Previously, the cross-claimants' motion for default judgment was denied without prejudice due to their failure to seek the Clerk's entry of default first. (Doc. 52). Now, the Clerk has entered default. (Doc. 54). However, "[a] party is not entitled to a default judgment merely because a clerk's default has been entered." Cloer v. Green Mountain Specialties Corp, No. 6:18cv-999, 2018 WL 7287153, at *1 (M.D. Fla. Aug. 30, 2018). Here, the second motion for default judgment is deficient because it fails to set forth the elements
Gase 5:23-cv-00518-JA-PRL Document 57 Filed 11/25/24 Page 2 of 2 PageID 604 of the claims "with citation to legal authority" and it fails to "show how the wellpleaded allegations of the [cross claim] establish each of those elements." Cloer, 2018 WL 7287153, at *1. "Without this information, the Court is ill-equipped to determine whether [the cross-claimants are] ... entitled to a default judgment." Cloer, 2018 WL 7287153, at *1 (citing Fid. & Deposit Co. of Md. v. Williams, 699 F. Supp. 897, 899 (N.D. Ga. 1988)).
Accordingly, within seven days of the entry date of this Order, the cross-claimants shall file a supplement to the motion for default judgment that sets forth the elements of each cause of action and shows how the well-pleaded allegations of the cross claim (Doc. 47) establish each of these elements.
DONE and ORDERED on November 2 2024.
JOHN ANTOON II United States District Judge
Copies furnished to: Counsel of Record Unrepresented Parties
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[fn 1]: O.J. consents to the filing of this motion. (Doc. 55 20).
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In re Benefits for Primerica Policy Nos. Ending in 2084 & 3112, 2018 WL 7287153 (M.D. Fla. 2024)…default first. (Doc. 52). Now, the Clerk has entered default. (Doc. 54). However, “[a] party is not entitled to a default judgment merely because a clerk's default has been entered.” Cloer v. Green Mountain Specialties Corp, No. 6:18- cev-999, 2018 WL 7287153, at *1 (M.D. Fla. Aug. 30, 2018). Here, the second motion for default judgment is deficient because it fails to set forth the elements 1OQ.J. consents to the filing of this motion. (Doc. 55 20). of the claims “with citation to legal aut…1 / 3
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Carnegie v. Heritage Park Nursing Ctr. LLC (M.D. Fla. 2025)…ered. Nishimatsu Constr. Co., 515 F.2d at 1206 (“a default is not treated as an absolute confession by the defendant of his liability and of the plaintiff's right to recover”); Cloer v. Green Mountain Specialties Corp., No. 6:18-cv-999-Orl-PGB- KRS, 2018 WL 7287153, at *1 (M.D. Fla. Aug. 30, 2018) (“defaulted defendant is not, however, held to admit facts that are not well-pleaded or to admit conclusions of law") (internal quotations omitted). Consequently, the Motion for Default Judgment is deficient and due…
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Carter v. Oasis Tropical Cafe, LLC (M.D. Fla. 2024)…intiff's motion or the Court's orders, or otherwise defended this action.² However, "[a] party is not entitled to a default judgment merely because a clerk's default has been entered.” Cloer v. Green Mountain Specialties Corp, No. 618CV999ORL40KRS, 2018 WL 7287153, at *1 (M.D. Fla. Aug. 30, 2018). A defendant who defaults is deemed to have admitted all well-pleaded allegations of fact in a complaint. See Nishimatsu Const. Co. v. Houston Nat. Bank, 515 F.2d 1200, 1206 (5th Cir. 1975). As a result, a court may…1 / 3
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- In re Benefits for Primerica Policy Nos. Ending in 2084 & 3112, 2018 WL 7287153 (M.D. Fla. 2024)