Pletzke v. Guerrieri et al

Filing 8

MOTION by Plaintiff Mary Beth Pletzke for judgment Mot for Default Judgment (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B)(Shelton, Paul)

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By her attorneys
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Shelton Ldw Group, LL
3 Grant S~ - No 363
3 Hinsdalet 111inois 60521
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ARDCNo 6191197

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ISTRlCT COURT
THE U.S. D
TRICT OF ILLINOIS
FOR THE NORTHERN DIS
EASTERN DIVISION

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) CASE NO.

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Coleman

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) PLAlN~IFF'S REQUEST I'OR ENTRY

ROBERT GUERRIERI,
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In his individual and official capacities

) OF DEFAULT; EXHIBITS A & B
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Sharon Johnson

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vs.

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JUDGE:

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Plaintiff,

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Deth PletdLY,

1:13-cv-2398

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JOHN DOES, 1-6

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In their individual and official capacities

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JANE DOES, 1-4

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In their individual and official capacities

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Defendants

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PLAINTIFF'S

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REQUEST

FOR ENTRY OF DEFAULT

COM£g NOW, Plaintiff Dcth Plctsky by and through her attorneys of record, urho hereby

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moves this honorable Court to grant the default against the named and known Defendants and

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each of them who being duly served upon them and/or their duly appointed designees, have

willfully failed and refused to answer and/or defend against this instant action.

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A. INTRODUCTION

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1. Plaintiff is Beth Pletsky; known Defendants are ROBERT GUERRllERI in his individual
capacity and in his official capacity.
2. Plaintiff sued the defendants for 42 U.S.C. §1983 (Civil Action for Deprivation of Rights) as

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well as a state tort variety.
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PLAINTIFF'S REQUEST FOR ENTRY OF DEFAULT; EXlllBIT A; EXlllBITB

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3. On April 1, 2013, plaintiff filed the complaint with the Court. On AprI13, 2013, defendant
Robert Guerrieri was served with a summons and a copy of plaintiff s complaint by certified

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mail, return receipt requested, and on May 31, 2013, by personal service. A copy of the return

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of services are attached as Exhibit A and B. Defendant did not file a responsive pleading or

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otherwise defend the suit.

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B. MEMORANDUM;

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DEFENDANTS

Allli REFUSING

OTHERWISE

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TO ANSWER OR

DEFEND SIDT

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4. A court may render a default judgment against a party who has not filed a responsive
pleading or otherwise defended the suit. See Fed. R. Civ. P. 55(a), (b)(2); United States v.

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$23,000 in Us. Currency, 356 F.3d 157, 163-64 (1st Cir. 2004).'Court is empowered to enter

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default judgment against defendant who fails to defend its case. 'Flynn v. Williams Masonry,

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D.D.C.2005, 233 F.R.D. 176.

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5. In the instant case the Defendants have not filed a responsive pleading within 21 days after
the complaint was served personally on May 31, 2013, the latest date of service. Fed. R. Civ.

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P. 12(a)(1)(A)(i). See a true and correct copy ofthe summons and complaint are fully

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incorporated herein and attached hereto as Exhibits A and B.

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6. Although a default judgment is a severe sanction', the status of this case ensures it is proper
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for a default judgment against the Defendants. Also it should be noted that the extreme

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sanction of judgment by default, although most severe, is within the discretion of the trial

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judge. Trans World Airlines, Inc. v. Hughes, 332 F.2d 602,614 (2d Cir. 1964); Gill v. Stolow,

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240 F.2d 669,670 (2d Cir. 1957); 8 C. Wright & A. Miller, Federal Practice .& Procedure §

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2284 (1970).

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7. Plaintiff also certifies that the Defendants are not infants andlor incompetent persons.

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CONCLUSION
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Wherefore,

because of the foregoing and based on the attachments to this memorandum the

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Court should grant this default against the Defendants because they refuse to answer, respond or

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otherwise defend this suit.

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I H.

F. Livermore Corp. v.

AktiengesellschaftGebruderLo~fe,
432F.2d689(D.C. Cif. 1970)

PLAINTIFF'S REQUEST FOR ENTRY OF DIEFAULT; EXIDBIT A; EXHffilTB

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s/PAUL L. SHELTON

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Original Signature
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Beth Pletsky

In Proper Person

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By her attorneys
Shelton Law Group, LLC
700 East Ogden Avenue, #101
Westmont, Illinois 60559-1283
ARDC No 6191197

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PLAINTIFF'S

REQUEST

FOR ENTRY OF DJI!:FAULT; EXIDBIT

A; EXIDBITB

DECLARATION UNDER PENAI,TY OF PERJURY

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I am one ofthe attorneys for Plaintiff in the instant case, Beth Pletsky v. ROBERT

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GUERRIERI et al,case no 1:13-cv-2398.

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Attached hereto are true and correct copies of the Summons, and proof of service
therefore, Exhibits A and B.
In the instant case the Defendants have not filed a responsive pleading within 21 days

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after the complaint was served upon them.
lam aware of no reply whatsoever by the Defendants.

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I declare under penalty of perjury that all of the foregoing is true and correct to the best
my knowledge.

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EXECUTED on June 21, 2013.

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Paul L. Shelton