Employers & Cement Masons Local #90 Health & Welfare Fund et al v. W.C. Beiser Concrete Company, Inc.

Filing 8

ORDER for Plaintiffs to demonstrate compliance with Local Rule 55.1 by November 12, 2010 or else the 7 Motion for Default Judgment will be denied. Signed by Chief Judge David R. Herndon on 10/29/10. (seg)

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS

EMPLOYERS & CEMENT MASONS LOCAL #90 HEALTH & WELFARE FUND, et al., Plaintiffs, v. W.C., BEISER CONCRETE COMPANY, INC., Defendant. ORDER HERNDON, Chief Judge: Before the Court is Plaintiffs' Motion for Default Judgment (Doc. 7) against Defendant. In examining the Motion and supporting affidavit (Doc. 7), the Court notes Plaintiffs have not yet met the requirements set forth by the Court's LO C A L RULE 55.1. LOCAL RULE 55.1(a) requires the moving party to: (1) "give notice of the entry of default to the defaulting party by regular mail sent to the last known address of the defaulted party," and (2) "certify to the Court that notice has been sent."1 Further, LOCAL RULE 55.1(b) requires that the motion seeking default judgment Case No. 10-cv-668-DRH

The docket reflects that Plaintiffs have m o v e d for an entry of default (Doc. 5) and o b t a i n e d the Clerk's Entry of Default (Doc. 6) against Defendant on October 15, 2010. However, n o t h i n g on the docket or within Plaintiffs' Motion for Default Judgment (Doc. 7) certifies to the C o u r t that they provided Defendant with notice of the Clerk's entry of default by regular m a i l sent t o Defendant's last known address.

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"shall contain a statement that a copy of the motion has been mailed to the last known address of the party from whom default judgment is sought. If the moving party knows, or reasonably should know, the identity of an attorney thought to represent the defaulted party, the motion shall also state that a copy has been mailed to that attorney." Accordingly, the Court hereby allows Plaintiffs leave to file a supplement to their motion to demonstrate full compliance with LOCAL RULE 55.1. This

supplement shall be filed by November 12, 2010. Failure to do so will result in a denial of the motion. IT IS SO ORDERED. Signed this 29th day of October, 2010.

David R. Herndon 2010.10.29 10:16:29 -05'00'
Chief Judge United States District Court

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