Arch Bay Holdings, LLC - Series 2009B v. Connor et al

Filing 55

REVISED ORDER GRANTING DEFAULT JUDGMENT MOTION as to TWO DEFENDANTS: A docketing error detached the 9/23/11 Order of the undersigned District Judge which granted Doc. 48 (Plaintiff's motion for default judgment as to Defendants Linda R. Connor and George Collins & Sons, Inc.). The Court hereby attaches the Order that was meant to accompany the entry at Doc. 54. See Order for details. Signed by Judge Michael J. Reagan on 9/26/11. (soh )

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
DEUTSCHE BANK NATIONAL
TRUST COMPANY,
Plaintiff,
vs.
LINDA R. CONNOR,
GEORGE A. COLLINS & SONS, INC.,
UNITED STATES OF AMERICA,
And EUGENE CONNOR,
Defendants.

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Case No. 10-cv-0859-MJR-DGW

ORDER ON DEFAULT JUDGMENT MOTION
REAGAN, District Judge:
Following several Orders and dismissals, four named Defendants remain
in this mortgage foreclosure suit, which was timely removed to this District from the
Circuit Court of St. Clair County, Illinois: (1) the United States of America (who holds a
federal tax lien on the subject property), (2) Eugene Connor, (3) Linda Connor, and (4)
George Collins & Sons, Inc. Counsel have appeared for (and answers were filed by) the
United States of America and Eugene Connor. Plaintiff secured a Rule 55(a) clerk’s
entry of default against Linda Connor and George Collins & Sons, Inc. (“GCSI”). Now
before the Court is Plaintiffs’ Rule 55(b) motion for default judgment as to Linda
Connor and GCSI. As described below, the Court grants the motion.
Federal Rule of Civil Procedure 55(b)(1) provides that default judgment
must be entered if the defendant is not a minor or incompetent person, the plaintiff’s

claim is for a sum certain or a sum that can be made certain by computation, and the
plaintiff supplies an affidavit showing the amount due. Rule 55(b)(2) allows the Court
to hold a hearing if needed to conduct an accounting, establish the truth of any
allegations, or determine the amount of damages.
Plaintiff has obtained an entry of default against Linda Connor and GCSI
as a prerequisite to requesting default judgment. The record indicates that Defendants
are not minors or incompetent persons. And the claim is for a sum certain or a sum that
can be made certain by computation. The instant motion arises in a slightly atypical
context in that Plaintiff seeks not a monetary award from Defendants but rather to
foreclose on a residential mortgage. But default judgment is available in this situation.
Accordingly, the Court GRANTS Plaintiff’s motion for default judgment
as to Defendants Linda R. Connor and GCSI (Doc. 48). The claims against the remaining
two Defendants (the United States of America and Eugene Connor) still must be
resolved, and a hearing is needed for the Court to determine the relief to which Plaintiff
is entitled via the default judgment against Linda Connor and GCSI. The hearing will
be set by separate notice.
IT IS SO ORDERED.
DATED September 23, 2011.
s/ Michael J. Reagan
Michael J. Reagan
United States District Judge