Vickers v. Department of Veteran's Affairs

Background

Astya Vickers moved for entry of default judgment against the Department of Veteran’s Affairs. The Department opposed the motion.

Court’s reasoning

Federal Rule of Civil Procedure 55 requires two steps before a court can enter a default judgment against a party that failed to defend. First, the clerk must enter a default, formally recognizing the party’s failure to defend. Only afterward may the plaintiff seek a default judgment, which can end the litigation and award relief allowed by the pleadings.

Vickers did not ask the clerk to enter a default before moving for default judgment. The court therefore held that the motion had to be denied.

The court identified additional reasons the motion could not succeed. Vickers had filed an amended complaint after the court granted leave to amend. The court explained that when an amended complaint becomes operative, any earlier entry of default becomes moot, meaning it no longer provides a basis for a default judgment. The court also stated that the motion would fail because Vickers’s affidavit of service did not show compliance with the procedures for serving the United States and a federal agency. Finally, the Department had obtained an extension to respond and filed its motion to dismiss before Vickers sought default judgment, so the Department was not in default when the motion was filed.

Disposition

The court denied the motion for default judgment and directed the clerk to close Docket No. 10. The court stated that nothing in the order should be understood as predicting its decision on the pending motion to dismiss the amended complaint. Judge Lewis J. Liman signed the order.