International Golden Foods, Inc.
Filing
125
WRITTEN Opinion entered by the Honorable James B. Zagel on 6/5/2012:Plaintiff's motion for default judgment 121 is denied. Plaintiff is given 21 days from the entry of this order to file a responsive pleading (For further detail see written opinion). Mailed notice(smm)
Order Form (01/2005)
United States District Court, Northern District of Illinois
Name of Assigned Judge
or Magistrate Judge
Judge Zagel
Sitting Judge if Other
than Assigned Judge
CASE NUMBER
09 CV 3875
DATE
CASE
TITLE
June 5, 2012
INTERNATIONAL GOLDEN FOODS, INC. v. DVS AIR & SEA, INC.
DOCKET ENTRY TEXT:
Plaintiff’s motion for default judgment [121] is DENIED. Plaintiff is given 21 days from the entry of this
order to file a responsive pleading.
STATEMENT
As described in previous orders, the present amended complaint in this case was filed considerably
late. The case was nearly two years old when leave to amend was sought. Discovery had closed. Plaintiff
was facing a response deadline on Defendant’s motion for judgment on the pleadings on the very same day
Plaintiff sought to amend the complaint. I nevertheless granted Plaintiff’s motion to file the amended
complaint, seeing clear delay but insufficient prejudice to Defendant to warrant denial of the amended
pleading. I did, however, award Defendant attorney’s fees for their wasted efforts in responding to previous
motions. It must be noted that I was forced to take the rare and unfortunate step of issuing an order of body
attachment on Plaintiff’s previous counsel to vindicate Defendant’s award of fees.
Incredibly, despite their own considerable tardiness in seeking to file the current complaint and
despite their own counsel’s inexcusable delay in paying Defendant their fees, Plaintiff now seeks a default
judgment on it. Plaintiff does this citing to Rule 12(a)(4)(a), which generally requires a responsive pleading
within 14 days of a court’s denial of a motion to dismiss, absent a different timeline set by the court. While it
is technically true that Defendant had not filed their responsive pleading within the required 14 days, under
the circumstances it is entirely understandable that they had not done so. At the time of the filing of the
default judgment motion, Plaintiff still had not been paid the fees it was due under my previous order.
Defendant was needlessly distracted by their efforts to recover their fees. Moreover, Defendant was
continuing to seek appropriate discovery to keep the case (the scope of which Plaintiff recently expanded)
going forward.
From the court’s perspective, Defendant has been diligent and prompt in every other one of its
previous pleadings and appearances. I cannot say the same for Plaintiff. Under the circumstances, the request
for a default judgment strains credibility. The motion is denied, and Plaintiff is given 21 days from the entry
Page 1 of 2
STATEMENT
of this order to file a responsive pleading.
Page 2 of 2
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