Fedor v. Ribicoff
| Decision Date | 08 October 1962 |
| Docket Number | Civ. A. No. 27194. |
| Parties | Joseph E. FEDOR v. Abraham A. RIBICOFF, Secretary of Health, Education and Welfare, United States of America. |
| Court | U.S. District Court — Eastern District of Pennsylvania |
W. J. Krencewicz, Shenandoah, Pa., for plaintiff.
Drew J. T. O'Keefe, Merna P. Bearman, Philadelphia, Pa., for defendant.
In this matter, an appeal from a disallowance of a social security claim, plaintiff has moved for default judgment on the ground that the defendant has failed for more than a reasonable time to file an answer.
F.R.Civ.P. 55(e) provides: "No judgment by default shall be entered against the United States or an officer or agency thereof unless the claimant establishes his claim or right to relief by evidence satisfactory to the court." Clearly, mere failure on the part of the United States to answer is no ground for entry of judgment against it. If plaintiff proceeds to establish his claim, and then satisfies the court as to waiver of sovereign immunity and service on the defendant, judgment may be entered against the defendant despite failure to appear. Cf. Rank v. (Krug) United States, 142 F.Supp. 1, (S.D.Cal., 1956). Having filed only his complaint, plaintiff's motion must be denied as premature.
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Burton v. Peartree
...ground for entry of judgment * * *. Having filed only his complaint, plaintiff's motion must be denied as premature." Fedor v. Ribicoff, 211 F.Supp. 520 (E.D. Pa.1962). It is clear that Burton has read only that portion of Rule 55 which appears to suit his needs and has ignored the other su......
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Syva Co. v. US
...granted based simply on the failure to file within a prescribed deadline. Mason v. Lister, 562 F.2d 343 (5th Cir.1977); Fedor v. Ribicoff, 211 F.Supp. 520 (E.D.Pa.1962); accord United States v. Zulli, 418 F.Supp. 252, 253 (E.D.Pa.1975). It is essential that plaintiff establish its right to ......
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...before the court." Bostic v. Harris, 484 F.Supp. 686, 688 (D.W.Va.1979). Notice to these defendants is not required, see Fedor v. Ribicoff, 211 F.Supp. 520 (E.D.Pa.1962); neither is an adversary hearing. III. Defendants contend, nevertheless, that the trial court erred in failing to vacate ......
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United States v. Zulli
...to respond within the 60 day rule does not constitute adequate evidence for entry of a default judgment against it. Fedor v. Ribicoff, 211 F.Supp. 520 (E.D.Pa.1962); 6 Moore ¶ 55.12 (1974 ed.). Accordingly, we deny defendant's motion for a default In regard to the merits of the counterclaim......