MS – Orly v Democrat Party – Default?
Orly is asking for a default judgment against Astrue, in his official role in the US government. Sadly, default judgments against a government agency are strongly disfavored
Default judgments against the United States or, as here, officials of a federal department, are strongly disfavored. “No judgment by default shall be entered against theUnited States or an officer or agency thereof unless the claimant establishes a claim or right torelief by evidence satisfactory to the court.” Fed. R. Civ. P. 55(e). “[W]hen the government’s default is due to a failure to plead or otherwise defend, the court typically either will refuse to enter a default or, if a default is entered, it will be set aside.” C. Wright, A. Miller, M. Kane, 10A FEDERAL PRACTICE & PROCEDURE § 2702. One treatise asserts that Rule 55(e) should be applied to preclude “any default judgment for procedural violations by the United States,” and that “in all cases, the claim against the government must be proven.” Id.; accord O-J-R v. Ashcroft, 216 F.R.D. 150, 152 (D.D.C. 2003) (Rule 55(e) “prohibits courts from entering default judgments against the United States or officers or agencies thereof unless the claimant, by evidence satisfactory to the court, establishes a right to relief.” ).
Also, Orly has yet to show that she has properly served Astrue.