Compton v. Lowe's Companies, Inc.

Filing 44

MEMORANDUM AND ORDER Denying 43 MOTION for Default Judgment as to filed by Dwonka Elaine Compton.Signed by Judge J. Phil Gilbert on 4/1/10. (bkl)

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF ILLINOIS DWONKA ELAINE COMPTON, Plaintiff, v. LOWE'S COMPANIES, INC., Defendant. MEMORANDUM AND ORDER This matter comes before the Court on Plaintiff Dwonka Elaine Compton's second Motion for Default Judgment (Doc. 43) against Defendant Lowe's Companies, Inc. ("Lowe's"). While the time for a response brief has yet to pass, Lowe's need not file one, as the instant motion is procedurally improper. As explicitly mentioned in the Court's Memorandum and Order (Doc. 35) of November 19, 2009, wherein the Court denied Compton's first Motion for Default Judgment (Doc. 29), Federal Rule of Civil Procedure 55(b)(2) allows a party to apply for judgment by default after an entry of default has first been made. See, e.g., UMG Recordings, Inc. v. Stewart, 461 F. Supp. 2d 837, 840 (S.D. Ill. 2006) ("Obtaining a default judgment entails two steps . . . [the first of which requires a] party seeking a default judgment . . . [to] file a motion for entry of default with the clerk of a district court by demonstrating that the opposing party has failed to answer or otherwise respond to the complaint . . . ."). As Compton has failed to meet this fundamental prerequisite of default judgment, the Court cannot and will not grant the relief sought. Of course, if Compton hereafter obtains entry of default, any subsequent motion for default judgment will still be subject to substantive analysis by this Court. Case No. 08-cv-809-JPG

For the foregoing reasons, the Court DENIES Compton's second Motion for Default Judgment (Doc. 43). IT IS SO ORDERED. DATED: April 1, 2010 s/ J. Phil Gilbert J. PHIL GILBERT DISTRICT JUDGE

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