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Civil Rights: Jobs | Kansas
Order on Motion for Default Judgment
ORDER denying without prejudice 8 Plaintiff's Motion for Default Judgment. Plaintiff's motion does not establish that default judgment is proper under Fed. R. Civ. P. 55(b)(2). The motion relies on a waiver of service signed by an individual named "Carole M. Troia" who identified herself, and not Defendant, as the party waiving service. Although Ms. Troia has an email address ending with "@brillient.net," the Court cannot conclude, based on the record before it, whether Ms. Troia is "an officer, a managing or general agent, or any other agent authorized by appointment or by law to receive service of process" for Defendant. Fed. R. Civ. P. 4(d)(1)(A)(ii). If Ms. Troia is, indeed, an authorized agent to receive service for Defendant, then Defendant has arguably "appeared" for the purposes of Fed. R. Civ. P. 55(b)(2). See Citizens Ins. Co. of the Midwest v. Soper, 2021 WL 12344462 at *1-2 (W.D. Mich. Aug. 18, 2021). It is not clear whether notice was provided to Defendant as required by Fed. R. Civ. P. 55(b)(2) in conjunction with the filing of Plaintiff's Motion for Default Judgment. The Motion for Default Judgment does not assert that notice was provided and does not contain a certificate of service. For these reasons, the Court denies Plaintiff's Motion for Default Judgment without prejudice (Doc. 8 ). Within 21 days of the date of this order, Plaintiff may refile a Motion for Default Judgment that demonstrates compliance with both Rule 4(d) and Rule 55(b)(2)'s notice requirements. Entered by District Judge Jeffrey M. Kuhlman on 7/13/2026. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (mam)
Civil Rights: Other | Kansas
Memorandum in Support of Motion
MEMORANDUM IN SUPPORT of 78 MOTION to Dismiss by Defendant Nicole Hines(Todd, James)
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