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Cain v. Consumers Solutions Group, LLC

United States District Court, N.D. Alabama, Southern Division

July 24, 2017

ADRIAN CAIN, and all those similarly situated, Plaintiff,
v.
CONSUMERS SOLUTIONS GROUP, LLC and JONATHAN C. FRANK & ASSOCIATES, LLC, Defendants.

          MEMORANDUM OPINION AND ORDER

          VIRGINIA EMERSON HOPKINS United States District Judge

         I. INTRODUCTION AND PROCEDURAL HISTORY

         This is a civil action filed by Plaintiff Adrian Cain (“Mr. Cain”) against Defendants Consumer Solutions Group, LLC (“CSG”) and Jonathan C. Frank & Associates, LLC (“JCF”) for violations of the Fair Debt Collection Practices Act (“FDCPA”).

         Defendant CSG was served on December 27, 2016. (Doc. 6). On January 24, 2017, Mr. Cain moved for entry of default against CSG, and the Clerk entered default against CSG on January 25, 2017. (Docs. 10, 12). On January 24, 2017, Mr. Cain also filed a Motion for Default Judgment as to CSG. (Doc. 11).

         Defendant JCF was served on May 8, 2017. (Doc. 19). On May 24, 2017, Mr. Cain moved for entry of default against JCF, and the Clerk entered default against JCF on May 26, 2017. (Docs. 20, 22).[1] On May 24, 2017, Mr. Cain also filed a Motion for Default Judgment as to JCF. (Doc. 21).

         For the following reasons, the two pending Motions for Default Judgment are due to be DENIED without prejudice.

         II. STANDARD

         Rule 55, Fed. R. Civ. P., provides in pertinent part:

(a) Entering a Default. When a party against whom a judgment for affirmative relief is sought has failed to plead or otherwise defend, and that failure is shown by affidavit or otherwise, the clerk must enter the party's default.

(b) Entering a Default Judgment.

* * * * *
(2) By the Court. In all other cases[2], the party must apply to the court for a default judgment. A default judgment may be entered against a minor or incompetent person only if represented by a general guardian, conservator, or other like fiduciary who has appeared. If the party against whom a default judgment is sought has appeared personally or by a representative, that party or its representative must be served with written notice of the application at least 3 days before the hearing. The court may conduct hearings or make referrals - preserving any federal statutory right to a jury trial - when, to enter or effectuate judgment, it needs to:
(A) conduct an accounting;
(B) determine the amount of damages;
(C) establish the truth of any allegation by evidence; or
(D) investigate any other ...

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