Geiler v. Commissioner of Social Security
ORDER AND OPINION entered by Judge Michael M. Mihm on 10/13/2020. Because Defendant indicates that it was served on August 17, 2020, the Court is satisfied that Plaintiff served Defendant and Plaintiff is relieved of any further obligation to provide proof of service. Defendant's deadline to respond to Plaintiff's complaint, however, has not yet run. Accordingly, Plaintiff's Motion for Default 8 is DENIED. See full written Order. (VH, ilcd)
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Tuesday, 13 October, 2020 01:04:59 PM
Clerk, U.S. District Court, ILCD
IN THE UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF ILLINOIS
Commissioner of Social Security
Case No. 20-1168
ORDER AND OPINION
Pending before the Court is Plaintiff’s Motion for Default . For the reasons stated
below, this motion is denied.
On September 7, 2020, the Court ordered Plaintiff to serve the Defendant with the
Complaint and file the executed summons with the Court on or before October 30, 2020 because
the case had been pending for many months and it appeared Plaintiff had not yet served
Defendant. Shortly after the Court entered that order, Plaintiff filed a motion for default,
attaching a mail tracking print out from the internet indicating that a package was delivered to an
address in Chicago, Illinois on August 12, 2020, a different package was delivered to an address
in Washington, DC on August 17, 2020, and a third package was delivered to Springfield,
Illinois on August 12, 2020. On October 6, 2020, Defendant Commissioner of Social Security
filed a motion indicating that the service was completed on August 17, 2020. Accordingly,
Defendant argues that it has until December 15, 2020 to file a responsive pleading under Local
Rule 8.1(d) unless the Court dismisses Plaintiff’s complaint for failure to file a copy of the
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Because Defendant indicates that it was served on August 17, 2020, the Court is satisfied
that Plaintiff served Defendant and Plaintiff is relieved of any further obligation to provide proof
of service. Defendant’s deadline to respond to Plaintiff’s complaint, however, has not yet run.
Accordingly, Plaintiff’s Motion for Default  is DENIED.
ENTERED this 13th day of October, 2020.
/s/ Michael M. Mihm
Michael M. Mihm
United States District Judge
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