Moore v. Hamline University

Background

Mariama Moore moved under Federal Rule of Civil Procedure 55(b) for default judgment against Hamline University and the other defendants. She argued that the defendants had failed to plead or otherwise defend and that the well-pleaded allegations in her complaint established liability. She also argued that no hearing was necessary and sought $300,000,000 in civil damages. The opinion mentions allegations that Moore was experiencing ongoing stalking and harassment by other students in Hamline University’s dorms, but the court did not decide those allegations on this motion.

Rule 55 Procedure

The court explained that default proceedings have two stages. First, under Rule 55(a), a plaintiff must show that a defendant failed to respond timely and ask the Clerk of Court to enter the defendant’s default. Second, under Rule 55(b), the plaintiff may ask the district court to enter default judgment. The court stated that default judgment cannot be entered unless the Clerk has first entered the defendant’s default.

Why the Motion Was Denied

The Clerk had not entered default against any defendant. Moore therefore sought default judgment before the required first stage had occurred.

The court also found that the defendants had not failed to respond. Moore’s application to proceed without paying the filing fee was granted on December 27, 2023. The Clerk mailed waiver-of-service requests to the defendants on January 4, 2024, and all defendants returned signed waivers on January 30, 2024. Under Rule 4(d)(3), defendants who timely return waivers generally have 60 days from the mailing of the waiver request to answer or otherwise respond. The court therefore determined that the defendants’ response deadline was March 4, 2024.

Disposition

The court ordered that Moore’s Motion for Default Judgment, Doc. No. 24, was DENIED.