Bates v. Flemming

Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF KANSAS

CRAIG A. BATES and KARLA R. BATES,

Plaintiffs,

v. Case No. 19-1101-JWB

GUY M. FLEMMING, GUYCAT, LLC, and KATHRYN L. MAKEKAU,

Defendants.

MEMORANDUM AND ORDER

This matter comes before the court on Plaintiffs’ motion for default judgment against Kathryn Makekau (Doc. 88). Upon review of the docket, it is clear that Plaintiffs have not obtained a clerk’s entry of default as required under Federal Rule Civil Procedure 55. “Entry of default by the clerk is a necessary prerequisite that must be performed before a district court is permitted to issue a default judgment.” Watkins v. Donnelly, 551 F. App'x 953, 958 (10th Cir. 2014). Therefore, Plaintiffs’ motion for default judgment is denied without prejudice to refiling after obtaining the clerk’s entry of default.

IT IS SO ORDERED. Dated this 15th day of September 2021. __s/ John W. Broomes__________ JOHN W. BROOMES UNITED STATES DISTRICT JUDGE