United States District Court, N.D. Alabama, Southern Division
MEMORANDUM OPINION AND ORDER
VIRGINIA EMERSON HOPKINS United States District Judge
INTRODUCTION AND PROCEDURAL HISTORY
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”).
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).
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,
On May 24, 2017, Mr. Cain also filed a Motion for Default
Judgment as to JCF. (Doc. 21).
following reasons, the two pending Motions for Default
Judgment are due to be DENIED without prejudice.
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
(b) Entering a Default Judgment.
* * * * *
(2) By the Court. In all other
cases, 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 ...