Ramada Franchise Sys., Inc. v. Baroda Enter., LLC, 220 F.R.D. 303 (N.D. Ohio 2004). · Go Syfert
Ramada Franchise Sys., Inc. v. Baroda Enter., LLC, 220 F.R.D. 303 (N.D. Ohio 2004). Cases Citing This Book View Copy Cite
47 citation events (47 in the last 25 years) across 7 distinct courts.
Strongest positive: Autumn Wind Lending, LLC v. Siegel (kywd, 2025-06-05)
Treatment trajectory · 2018 → 2026 · click a year to view as-of
2018 2022 2026
Top citers, strongest first. 43 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) Autumn Wind Lending, LLC v. Siegel
W.D. Ky. · 2025 · signal: see · quote attribution · 1 verbatim quote · confidence high
entry of a default . . . is a prerequisite to entry of a default judgment under rule 55(b).
examined Cited as authority (verbatim quote) Ross v. Longo (2×)
E.D. Mich. · 2025 · quote attribution · 2 verbatim quotes · confidence high
entry of a default ... is a prerequisite to entry of a default judgment under rule 55(b).
discussed Cited as authority (verbatim quote) Allen v. Hutchison
W.D. Tenn. · 2023 · quote attribution · 1 verbatim quote · confidence high
an entry of default is a prerequisite to a default judgment," such that "a default judgment cannot be granted until a default is entered by the clerk
discussed Cited as authority (verbatim quote) Meitzner v. O'Reilly Rancilio PC
E.D. Mich. · 2022 · quote attribution · 1 verbatim quote · confidence high
an entry of default is a prerequisite to a default judgment. thus, a default judgment cannot be granted until a default is entered by the clerk.
discussed Cited as authority (verbatim quote) Nimer v. Adam Travel Services Inc.
E.D. Mich. · 2021 · quote attribution · 1 verbatim quote · confidence high
an entry of default and a default judgment are distinct events that require separate treatment.
discussed Cited as authority (verbatim quote) Johnson v. Department of Internal Revenue Service
S.D. Ohio · 2021 · quote attribution · 1 verbatim quote · confidence high
an entry of default is a prerequisite to a default judgment," such that "a default judgment cannot be granted until a default is entered by the clerk
discussed Cited as authority (verbatim quote) Harris Bey v. Hissong
E.D. Mich. · 2020 · signal: see also · quote attribution · 1 verbatim quote · confidence high
entry of a default . . . is a prerequisite to entry of a default judgment under rule 55(b).
discussed Cited as authority (verbatim quote) Business Loan Center, LLC v. M/V Cape Florida
S.D. Ala. · 2018 · signal: see, e.g. · quote attribution · 1 verbatim quote · confidence high
an entry of default and a default judgment are distinct events that require separate treatment.
cited Cited as authority (rule) United Specialty Insurance Company v. MJC Express Inc., Kyesha Jackson et al.
M.D. Tenn. · 2026 · confidence medium
Ramada Franchise Sys., Inc. v. Baroda Enters., LLC, 220 F.R.D. 303, 305 (N.D.
cited Cited as authority (rule) Evan Neilson v. Yvonne Brantley
E.D. Mich. · 2026 · confidence medium
STANDARD OF REVIEW “Entry of default and a default judgment are distinct events that require separate treatment.” Ramada Franchise Sys., Inc. v. Baroda Enters., LLC, 220 F.R.D. 303, 304 (N.D.
cited Cited as authority (rule) Merik Whipple v. Yvonne Brantley
E.D. Mich. · 2026 · confidence medium
STANDARD OF REVIEW “Entry of default and a default judgment are distinct events that require separate treatment.” Ramada Franchise Sys., Inc. v. Baroda Enters., LLC, 220 F.R.D. 303, 304 (N.D.
cited Cited as authority (rule) Jane Doe v. Derek D. Hammond
E.D. Mich. · 2026 · confidence medium
STANDARD OF REVIEW “Entry of default and a default judgment are distinct events that require separate treatment.” Ramada Franchise Sys., Inc. v. Baroda Enters., LLC, 220 F.R.D. 303, 304 (N.D.
cited Cited as authority (rule) Thomas Mannion v. Henry Electric, LLC and Kevin Kuza
E.D. Mich. · 2026 · confidence medium
STANDARD OF REVIEW “Entry of default and a default judgment are distinct events that require separate treatment.” Ramada Franchise Sys., Inc. v. Baroda Enters., LLC, 220 F.R.D. 303, 304 (N.D.
cited Cited as authority (rule) GS Holistic, LLC v. POR Enterprise Inc., et al.
S.D. Ohio · 2025 · confidence medium
(Memo. in Opp., Doc. #30, PAGEID 327, 328-29, citing FED.R.Clv.P. 55; Ramada Franchise Sys. v. Baroda Enters., LLC, 220 F.R.D. 303, 304 (N.D.
cited Cited as authority (rule) GS Holistic, LLC v. M&W Sons, Inc., et al.
S.D. Ohio · 2025 · confidence medium
(Memo. in Opp., Doc. #33, PAGEID 336, 337-38, citing Fep.R.Civ.P. 55; Ramada Franchise Sys. v. Baroda Enters., LLC, 220 F.R.D. 303, 304 (N.D.
discussed Cited as authority (rule) Nation Land Company, LLC v. Michael L. Sander (2×) also: Cited "see"
N.D. Ohio · 2025 · confidence medium
After all, “[e]ntry of a default . . . is a prerequisite to entry of a default judgment[.]” Ramada Franchise Sys., Inc. v. Baroda Enters., LLC, 220 F.R.D. 303, 305 (N.D.
cited Cited as authority (rule) Breeze Smoke, LLC v. Speed Wholesale, Inc
E.D. Mich. · 2025 · confidence medium
STANDARD OF REVIEW “Entry of default and a default judgment are distinct events that require separate treatment.” Ramada Franchise Sys., Inc. v. Baroda Enters., LLC, 220 F.R.D. 303, 304 (N.D.
cited Cited as authority (rule) GS Holistic LLC v. Smokerz Town, LLC
E.D. Mich. · 2025 · confidence medium
Inc., 220 F.R.D. 303, 305 (N.D.
cited Cited as authority (rule) Hardaway v. Wingmann, LLC
W.D. Tenn. · 2025 · confidence medium
LLC, 220 F.R.D. 303, 305 (N.D.
cited Cited as authority (rule) Pop Daddy Popcorn, LLC v. Unified Flex Packaging Technologies, LLC
E.D. Mich. · 2025 · confidence medium
Inc., 220 F.R.D. 303, 305 (N.D.
cited Cited as authority (rule) Cornerstone Move Management, LLC v. Paxton
S.D. Ohio · 2025 · confidence medium
“An entry of default and a default judgment are distinct events that require separate treatment.” Ramada Franchise Sys., Inc. v. Baroda Enters., LLC, 220 F.R.D. 303, 304 (N.D.
discussed Cited as authority (rule) Palmer v. American Express
E.D. Mich. · 2024 · confidence medium
Cal. 2004) (“a plain reading of Rule 55 demonstrates that entry of default by the clerk is a prerequisite to an entry of default judgment.”); Ramada Franchise Sys., Inc. v. Baroda Enterprises, LLC, 220 F.R.D. 303, 305 (N.D.
cited Cited as authority (rule) Joe Hand Promotions, Inc. v. Sahabi Convenience Store, Inc.
E.D. Mich. · 2024 · confidence medium
Inc., 220 F.R.D. 303, 305 (N.D.
cited Cited as authority (rule) GS Holistic, LLC v. Big Ape Smokerz, LLC
E.D. Mich. · 2024 · confidence medium
Inc., 220 F.R.D. 303, 305 (N.D.
cited Cited as authority (rule) Desormeaux v. United States Postal Service
E.D. Mich. · 2024 · confidence medium
Mich. Sept. 26, 2007) (Cleland, J.) (citing Ramada Franchise Sys., Inc., 220 F.R.D. 303, 305 (N.D.
cited Cited as authority (rule) U.A. 614 Health & Welfare Fund v. Wooten Mechanical, LLC
W.D. Tenn. · 2023 · confidence medium
LLC, 220 F.R.D. 303, 305 (N.D.
cited Cited as authority (rule) MSC MEDITERRANEAN SHIPPING COMPANY S.A. v. INTERMODAL CARTAGE CO., LLC, METRO AIR SERVICES, INC., AND BNSF RAILWAY COMPANY
W.D. Tenn. · 2023 · confidence medium
LLC, 220 F.R.D. 303, 305 (N.D.
cited Cited as authority (rule) Ross v. Social Security Administration United States of America
W.D. Tenn. · 2022 · confidence medium
LLC, 220 F.R.D. 303, 305 (N.D.
cited Cited as authority (rule) HBA Motors, LLC v. Brigante
S.D. Ohio · 2022 · confidence medium
“An entry of default and a default judgment are distinct events that require separate treatment.” Ramada Franchise Sys., Inc. v. Baroda Enterprises, LLC, 220 F.R.D. 303, 304 (N.D.
cited Cited as authority (rule) Millhouse, II v. Seleshi
S.D. Ohio · 2021 · confidence medium
However, “[a]n entry of default and a default judgment are distinct events that require separate treatment.” Ramada Franchise Sys., Inc. v. Baroda Enterprises, LLC, 220 F.R.D. 303, 305 (N.D.
cited Cited as authority (rule) Hicks v. Smith
W.D. Ky. · 2020 · confidence medium
Thus, a default judgment cannot be granted until a default is entered by the Clerk.” Ramada Franchise Sys., Inc. v. Baroda Enter., LLC, 220 F.R.D. 303, 305 (N.D.
discussed Cited as authority (rule) Robinson v. Saad
E.D. Mich. · 2020 · confidence medium
Further, Plaintiff is advised that defendants in an action governed by the Prisoner Litigation Reform Act (PLRA) are not required to file an answer to the complaint unless ordered to do so, 42 U.S.C. § 1997e(g), and that “[e]ntry of a default . . . is a prerequisite to entry of a default judgment under Rule 55(b)[,]” Ramada Franchise Sys., Inc. v. Baroda Enters., LLC, 220 F.R.D. 303, 305 (N.D.
discussed Cited as authority (rule) Lafayette Life Insurance Company V. Eugene Preston Givens, Jr.
S.D. Ohio · 2020 · signal: cf. · confidence medium
Cf. Ramada Franchise Sys., Inc. v. Baroda Enters., LLC, 220 F.R.D. 303, 305 (N.D.
discussed Cited as authority (rule) Fidelity National Title Insurance Company v. Doles
W.D. Tenn. · 2020 · confidence medium
(Docket Entry 13.) An entry of default under Federal Rule of Civil Procedure 55(a) “is a prerequisite to entry of a default judgment under Rule 55(b).” Ramada Franchise Sys. v. Baroda Enters., LLC, 220 F.R.D. 303, 305 (N.D.
discussed Cited as authority (rule) McCoy v. Jayell Ranch
S.D. Ohio · 2020 · signal: cf. · confidence medium
Cf’ Ramada Franchise Sys., Inc. v. Baroda Enters., LLC, 220 F.R.D. 303, 305 (N.D.
cited Cited "see" GS Holistic, L.L.C. v. Hemp Vaping Adventure & Smoke Shop Inc., and Mahmood Yafee
W.D. Ky. · 2026 · signal: see · confidence high
See Ramada Franchise Sys., Inc. v. Baroda Enterprises, LLC, 220 F.R.D. 303, 305 (N.D.
cited Cited "see" Finish Line Delta Construction Staffing, LLC v. Apex Construction SW, LLC
W.D. Ky. · 2026 · signal: see · confidence high
See Ramada Franchise Sys., Inc. v. Baroda Enterprises, LLC, 220 F.R.D. 303, 305 (N.D.
cited Cited "see" Motorists Commercial Mutual Insurance Company v. J&D Brothers Contracting, LLC
W.D. Ky. · 2024 · signal: see · confidence high
See Ramada Franchise Sys., Inc. v. Baroda Enterprises, LLC, 220 F.R.D. 303, 305 (N.D.
discussed Cited "see" Artin Printing Co., Ltd. v. Four Colour Imports, LTD
W.D. Ky. · 2023 · signal: see · confidence high
See Ramada Franchise Sys., Inc. v. Baroda Enters., LLC, 220 F.R.D. 303, 305 (N.D.
discussed Cited "see" Long John Silver's, LLC v. GKRM, Inc.
W.D. Ky. · 2021 · signal: see · confidence high
See Ramada Franchise Sys., Inc. v. Baroda Enters., LLC, 220 F.R.D. 303, 305 (N.D.
cited Cited "see, e.g." Wanke v. United Guaranty Services, Inc.
S.D. Ohio · 2023 · signal: see, e.g. · confidence medium
See, e.g., Ramada Franchise Sys., Baroda Enters., LLC, 220 F.R.D. 303, 305 (N.D.
discussed Cited "see, e.g." Ogbeiwi v. CoreCivic America
W.D. Tenn. · 2022 · signal: see, e.g. · confidence medium
See, e.g., Ramada Franchise Sys., Inc. v. Baroda Enterprises, LLC, 220 F.R.D. 303, 305 (N.D.
cited Cited "see, e.g." Unum Life Insurance Company of America v. Allen-Wilkes
W.D. Tenn. · 2020 · signal: see also · confidence medium
See also Ramada Franchise Sys., Inc., 220 F.R.D. 303, 305 (N.D.
Retrieving the full opinion text from the archive…
RAMADA FRANCHISE SYSTEMS, INC.
v.
BARODA ENTERPRISES, LLC
No. 3:03 CV 7665.
District Court, N.D. Ohio.
Feb 25, 2004.
220 F.R.D. 303
2004 U.S. Dist. LEXIS 3577
2004 WL 424011
Eric B. Levasseur, Hahn, Loeser & Parks, Rose Marie Fiore, Hahn, Loeser & Parks, Steven A. Goldfarb, Hahn, Loeser & Parks, Cleveland, OH, for Plaintiff., Richard M. Kerger, Kerger & Kerger, Toledo, OH, Richard S. Mitchell, Roetzel & Andress, Cleveland, OH, for Defendants.
Carr.
Cited by 36 opinions  |  Published

ORDER

CARR, District Judge.

This is a diversity suit for money damages which defendants allegedly owe plaintiff for breach of franchise licensing agreements, and failure to pay notes and guarantees. Pending is plaintiffs motion for entry of default judgment.

On December 9, 2003, plaintiff filed a “Motion for Entry of Default Against Defendants Baroda Enterprises, LLC, Arun Patel, and Bharat Parmar” pursuant to Fed.R.Civ.P. 55(a). Attached to the motion was an affidavit and return of service receipts showing plaintiff had served these defendants with the complaint and summons by certified mail. It is not disputed that defendants, despite being properly served notice of process in accordance with Fed.R.Civ.P. 4, failed timely to appear, plead, or otherwise defend.

Defendants Kanti Shah, Debra Sháh, Dak-sha Patel, and Vinit Mody filed responses to plaintiffs motion for default. On January 12, 2004, plaintiff filed a reply in support of its “Motion for Entry of Default Judgment.”

An entry of default and a default judgment are distinct events that require separate treatment. United States v. Topeka Livestock Auction, Inc., 392 F.Supp. 944, 950 (N.D.Ind.1975). Rule 55 of the Federal Rules of Civil Procedure governs both entry of defaults and default judgments. Rule[*305] 55(a), pertaining to entries of default, provides that: “[w]hen a party against whom a judgment for affirmative relief is sought has failed to plead or otherwise defend as provided by these rules and that fact is made to appear by affidavit or otherwise, the clerk shall enter the party’s default.”

No default has been entered in this case because plaintiff did not first file an application with the Clerk for entry of default. Rather, on December 9, 2003, plaintiff filed a “Motion for Entry of Default Against Defendants Baroda Enterprises, LLC, Aran Patel and Bharat Parmar.” Plaintiff should have filed an application with the Clerk, rather that a motion to the court, requesting an entry of default. By filing a “motion,” plaintiff invited defendants’ response to the “motion.” That response contested the propriety of a default judgment rather than just entry of default.

Nonetheless, plaintiffs motion was accompanied by an affidavit and exhibits that sufficiently demonstrate the above-named defendants’ failure to plead or otherwise defend after being properly served with the complaint and summons. Therefore, I will direct the Clerk to enter a default against defendants Baroda Enterprises, LLC, Arun Patel and Bharat Parmar, pursuant to Rule 55(a).

“Entry of a default,” as noted in Systems Indus., Inc. v. Han, 105 F.R.D. 72, 74 (E.D.Pa.1985), “is a prerequisite to entry of a default judgment under Rule 55(b).” Rule 55(b)(1), pertaining to default judgments, provides:

When the plaintiffs claim against a defendant is for a sum certain or for a sum which can by computation be made certain, the clerk upon request of the plaintiff and upon affidavit of the amount due shall enter judgment for that amount and costs against the defendant, if the defendant has been defaulted for failure to appear and is not an infant or incompetent person.

At issue is whether plaintiffs claim against defendants is for a “sum certain.” In United States v. Manos, 56 F.R.D. 655, 657 (S.D.Ohio 1972), the court found that plaintiffs complaint was for a “sum certain” for purposes of Fed.R.Civ.P. 55(b)(1) because the United States sought tax deficiencies against defendants in specific dollar amounts. In the instant ease, plaintiffs complaint appears to list specific dollar amounts allegedly due to plaintiff from defendants’ breach of license agreements, and non-payment of notes and guarantees, all of which specified liquidated damage amounts in the event of non-performance. Thus, plaintiffs claim appears to be for a sum certain.

However, as stated earlier, an entry of default is a prerequisite to a default judgment. Thus, a default judgment cannot be granted until a default is entered by the Clerk. To the extent plaintiffs motion, filed on December 9, 2003, was for a default judgment under Fed.R.Civ.P. 55(b), the motion is overruled without prejudice as premature.

Once the Clerk enters a default in accordance with this order, plaintiff may, pursuant to Fed.R.Civ.P. 55(b)(1), file a motion for a default judgment accompanied by a proposed order for default judgment, listing the appropriate judgment amounts. It appears that plaintiff will be entitled to take this course of action because plaintiffs claim is for a sum certain, plaintiffs affidavit and exhibits demonstrate defendants’ failure plead or otherwise appear, and it is not disputed that defendants are not infants or incompetent persons.

However, I note that defendants originally opposed a default judgment, on the basis that there are other defendants in the case against which plaintiffs are proceeding. Defendants cite, inter alia, Frow v. De La Vega, 15 Wall. 552, 82 U.S. 552, 21 L.Ed. 60 (1872) for the proposition that a default judgment should not be entered against a defaulting defendant when other defendants have answered and are participating in the case. However, as plaintiff points out, Frow only applies in situations where the liability between multiple defendants is alleged to be “joint” only, and does not apply where it is alleged to be “joint and several.” See, e.g., In re Uranium Antitrust Litigation, 617 F.2d 1248, 1256-58 (7th Cir.1980) (holding that and explaining why Frow is inapplicable in joint and several liability cases, as judgment against one defendant is not inconsis[*306] tent with finding of no liability against other defendant). Here, the liability between the defendants is joint and several, rather than joint. As such, this objection does not provide a for withholding a default judgment in this case.

I note that Fed.R.Civ.P. 55(c) permits a defendant to file a motion to set aside a default “for good cause shown.” Thus, should the defendants have good cause for their default, they may seek to set aside the default. Otherwise, if no good cause exists, the defendants should, in accordance with Fed.R.Civ.P. 11, not oppose a motion for entry of default judgment, assuming the amount is for a sum certain.

CONCLUSION

It is, therefore,

ORDERED THAT:

1. The Clerk shall enter a default against defendants Baroda Enterprises, LLC, Arun Patel and Bharat Parmar;
2. Defendants may file a motion, on or before March 10, 2004, to set aside the default under Fed.R.Civ.P. 55(c) if proper grounds exists basis for such a motion, plaintiffs opposition to be filed by March 20, 2004, defendants’ reply by April 1, 2004;
3. Plaintiffs motion, filed on December 9, 2003, is overruled without prejudice to the extent the motion sought a default judgment;
4. If the entry of default against defendants is unchallenged, plaintiff is granted leave until March 13, 2004 to file its motion for entry of a default judgment for a sum certain.

So ordered.