NOT FOR PUBLICATION
IN THE DISTRICT COURT OF THE VIRGIN ISLANDS
DIVISION OF ST. THOMAS AND ST. JOHN
THE BANK OF NOVA SCOTIA,
Plaintiff,
v.
FRANK A. JAMES,
Defendant.
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Civil No. 2005-208
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ATTORNEYS:
Matthew J. Duensing, Esq. 
St. Thomas, U.S.V.I.
For the plaintiff,
Frank A. James
1113-26 Estate Solberg, St. Thomas, U.S.V.I. 00802
Pro se defendant.
ORDER
GÓMEZ, C.J.
The plaintiff in this matter, the Bank of Nova Scotia
(“BNS”), commenced this debt and foreclosure action on December
15, 2005, against defendant Frank A. James (“James”). 
The record reflects proof of service of BNS’s complaint and
summons on James.  James has not filed an answer to BNS’s
complaint.  
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The Bank of Nova Scotia v. James
Civil No. 2005-208
Order
Page 2
BNS filed a request for entry of default on its complaint
against James, pursuant to Federal Rule of Civil Procedure 55(a)
(“Rule 55(a)”). 
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Now, BNS moves for default judgment against James pursuant
to Federal Rule of Civil Procedure 55(b)(2) (“Rule 55(b)(2)").
 Rule 55(b)(2) allows courts to enter a default judgment
against a properly served defendant who fails to file a timely
responsive pleading. Anchorage Assoc. v. V.I. Bd. of Tax Rev.,
922 F.2d 168, 177 n.9 (3d Cir. 1990).  Significantly, “entry of
default by the Clerk under Federal Rule of Civil Procedure 55(a)
constitutes a general prerequisite for a subsequent default
judgment under Rule 55(b).” Husain v. Casino Control Com'n, 265
Fed. Appx. 130, 133 (3d Cir. Feb. 20, 2008) (unpublished).
As of the date of this Order, there has been no entry of
default against James in this case.  As such, BNS’s motion for
default judgment is premature. See, e.g., id. (“A review of the
District Court docket confirms that no default was ever entered
against the Commission Defendants, and the District Court
  That rule provides:
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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.
Fed. R. Civ. P. 55(a).
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The Bank of Nova Scotia v. James
Civil No. 2005-208
Order
Page 3
accordingly was correct to deny Husain's motion for default
judgment.”); see also Limehouse v. Delaware, 144 Fed. Appx. 921,
923, 2005 WL 1625233 at *2 (3d Cir. 2005) (“[T]he District Court
properly denied the motion because Limehouse failed to obtain
entry of default prior to seeking a default judgment.”).
Accordingly, it is hereby
ORDERED that the motion for default judgment is DENIED
without prejudice.
       S\                          
        CURTIS V. GÓMEZ
       
     Chief Judge
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