How Long Does It Take For a Clerk to Enter Default?
Location: Alexandria, Virginia.
I know — my question sounds like a cheap lawyer pun, right?
I filed a civil case in federal court. EDVA Alexandria division’s rocket docket.
The defendant defaulted. I filed a request for the clerk to enter default on the defendant pursuant to rule 55(à) of fed. R civ. p.
Three weeks and 1 “renewed request” later (I filed a renewed request for entry of default — which included a photograph taken by the process server that showed the defendant holding the complaint in his hand — after 15 days of docket inactivity) the default still isn't entered.
I also attached a declaration in support of both requests, affirming the defendant was served, was aware of the lawsuit, and failed to appear or otherwise defend.
I called the clerks office politely, and get politely informed it’s “still pending.” I emailed the chief deputy clerk who also said “it’s pending before the court.”
I don’t know what else to do besides file a motion requesting the Court to order an entry of default be made as to the defendant, and calendaring it for oral argument to press the issue, but I’d rather not have to resort to that.
Does it normally take this long for the clerk to enter Rule 55(a) default? It's been more than 3 weeks past the defendant's response deadline. I thought it was a ministerial checkmark type of filing — and any lengthy waiting would be over à merits ruling at the rule 55(b) stage. What should I do?