Wells Fargo Bank, N.A. v. Ameritas Life Insurance Corp.

• Court: District Court, D. Nebraska
• Decided: July 27, 2021
• Docket: 4:21-cv-03118
• Status: Unknown

Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEBRASKA

WELLS FARGO BANK, N.A., as Securities Intermediary, 4:21-CV-3118 Plaintiff,

vs. ORDER

AMERITAS LIFE INSURANCE CORP.,

Defendant.

This matter is before the Court on the plaintiff's motion for default judgment (filing 19). But "entry of default under [Fed. R. Civ. P.] 55(a) must precede grant of a default judgment under Rule 55(b)." Johnson v. Dayton Elec. Mfg. Co., 140 F.3d 781, 783 (8th Cir. 1998). The plaintiff has shown that the defendant has failed to defend in this case. Accordingly, the Court will direct the Clerk of the Court to enter a default against it. But the plaintiff's motion for default judgment will be denied without prejudice.

IT IS ORDERED:

1. The Clerk of the Court is directed to enter the defendant's default. 2. The plaintiff's motion for default judgment (filing 19) is denied without prejudice. 3. The Clerk of the Court shall send a copy of the Clerk's Entry of Default and a copy of this order to: Ameritas Life Insurance Corp. c/o Andrea D. Snowden 5900 O Street Lincoln, NE 68510

Dated this 27th day of July, 2021. BY THE COURT: (by M. CIOME VP Jpn M. Gerrard Inited States District Judge

2.