DISTRICT COURT OF THE VIRGIN ISLANDS
DIVISION OF ST. CROIX
5
FRANCILLIA FRANCIS,
5
5
Plaintiff,
5
1:10-cv-13
v.
5
5
KMART CORPORATION,
5
5
Defendant.
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__________________________________________5
TO:
Warren B. Cole, Esq.
Stephanie L. Adler, Esq.
ORDER
THIS MATTER came before the Court upon Plaintiff’s Motion For Entry of Default
by the Clerk (Docket No. 4).
Rule 55(a) provides:  “When a party against whom a judgment for affirmative relief
is sought has failed to plead or otherwise defend, . . . the clerk must enter the party’s
default.”  Fed. R. Civ. P. 55(a).  Subsequent to the filing of the motion for entry of default,
however, Defendant filed an answer to Plaintiff’s complaint.  Consequently, the Court finds
that Plaintiff’s motion is moot.
Accordingly, it is now hereby ORDERED that Plaintiff’s Motion For Entry of
Default by the Clerk (Docket No. 4) is DENIED AS MOOT.
Case: 1:10-cv-00013-WAL-GWC   Document #: 11   Filed: 08/03/10   Page 1 of 2
Francis v Kmart Corporation
1:10-cv-13
Order
Page 2
ENTER:
Dated: August 3, 2010
/s/ George W. Cannon, Jr.                           
GEORGE W. CANNON, JR.
U.S. MAGISTRATE JUDGE
Case: 1:10-cv-00013-WAL-GWC   Document #: 11   Filed: 08/03/10   Page 2 of 2