Employers and Operating Engineers Local 520 Pension Fund et al v. Maul Excavating, Inc.

Filing 15

ORDER DEFERRING RULING on 11 MOTION for Default Judgment as to defendant Maul Excavating, Inc. Plaintiff ORDERED to provide supplement to 11 Motion for Default Judgment re Plaintiff's notice to the defaulted party. Signed by Chief Judge David R. Herndon on 4/13/10. (anj)

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS EMPLOYERS AND OPERATING ENGINEERS LOCAL 520 PENSION FUND, et al., Plaintiff, v. MAUL EXCAVATING, INC., Defendant. ORDER HERNDON, Chief Judge: No.09-578-DRH

Before the Court is a motion for default judgment (Doc. 11) filed by Plaintiff. Plaintiff requests that the Court enter default judgment, presumably

pursuant to FEDERAL RULE OF CIVIL PROCEDURE 55(b). The Court, however, notes that Plaintiff's motion for default does not state whether it provided notice of the entry of default and the default judgment motion as required by LOCAL RULE 55.1(a) & (b).1 In regards to Plaintiff's motion for entry of default judgment (Doc. 11), the Court ORDERS Plaintiff to submit a supplement to its motion informing the Court as to whether it has provided the required notice to the defaulted party and the date

LOCAL RULE 55.1(a) requires a party to certify to the Court that notice of the entry of default has been sent to the defaulting party. Further, LOCAL RULE 55.1(b) requires a party to state in its motion for default judgment that it provided a copy of the motion to the defaulting party by mailing a copy to the defaulting party's last known address. A party is also required to inform the Court that it has mailed a copy of the motion to the defaulting party's attorney, if the filing party knows or reasonably should know the identity of the defaulting party's attorney. See LOCAL RULE 55.1(b).

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upon which that notice was sent out. The Court DEFERS ruling on Plaintiff's motion until such time as it submits the proper notice. IT IS SO ORDERED. Signed this 13th day of April, 2010.

/s/ DavidRHer|do| Chief Judge United States District Court

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