DISTRICT COURT OF THE VIRGIN ISLANDS
DIVISION OF ST. CROIX
5
PATRICIA BENJAMIN, court appointed
5
guardian of the Estate of RONALD
5
WILLIAMS, a minor,
5
2008-CV-0101
5
Plaintiff,
5
v.
5
5
ESSO STANDARD OIL CO., PR MEDICAL
5
INSURANCE AIG LIFE INSURANCE CO.–
5
MCS, and ESSO STANDARD OIL
5
COMPANY (PUERTO RICO),
5
5
Defendants. 5
__________________________________________5
TO:
Kenth W. Rogers, Esq.
Charles E. Engemean, Esq.
Wilfredo A. Geigel, Esq.
ORDER
THIS MATTER came before the Court upon Plaintiff’s Motion For Default Judgment
(Docket No. 12).  This order is issued without necessity of response.
The general rule is that entry of default must be entered prior to any entry of default
judgment.  See, e.g., Husain v. Casino Control Comm’n, 265 Fed. App. 130, 133 (3d Cir. 2008)
(where the court notes, “[E]ntry of default by the Clerk under Federal Rule of Civil
Case: 1:08-cv-00101-RLF-GWC   Document #: 55   Filed: 03/30/09   Page 1 of 2
Benjamin v. Esso Standard Oil Co., P.R. Medical Ins. AIG Life Ins. Co.–MCS
2008-CV-0101
Order
Page 2
Procedure 55(a) constitutes a general prerequisite for a subsequent default judgment under
Rule 55(b)” (citations omitted)).
A review of the record in this matter demonstrates that, while entry of default was
entered by the Clerk of Court (Docket Nos. 5 and 6), such entry was set aside and vacated
by the Court in its Order (Docket No. 29), entered February 17, 2009.  Consequently,
Plaintiff’s motion for default judgment is moot.
Accordingly, it is now hereby ORDERED that Plaintiff’s Motion For Default
Judgment (Docket No. 12) is DENIED AS MOOT.
ENTER:
Dated: March 30, 2009
/s/ George W. Cannon, Jr.                           
GEORGE W. CANNON, JR.                       
U.S. MAGISTRATE JUDGE
Case: 1:08-cv-00101-RLF-GWC   Document #: 55   Filed: 03/30/09   Page 2 of 2