Central Laborers' Pension Welfare and Annuity Funds v. Miller Contracting, Inc. et al

Filing 11

ORDER DIRECTING plaintiffs to file supplement to the 9 MOTION for Default Judgment as to defendants, Miller Contracting, Inc., and Jimmie Miller, individually filed by Central Laborers' Pension Welfare and Annuity Funds. See Order for details. Signed by Chief Judge David R. Herndon on 7/19/11. (klh, )

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

CENTRAL LABORERS’ PENSION,
WELFARE AND ANNUITY FUNDS,
Plaintiffs,
v.
MILLER CONTRACTING INC. and
JIMMIE MILLER,
Defendants.

11-0079- DRH
ORDER

HERNDON, Chief Judge:
Before the Court is plaintiffs’ motion for default judgment (Doc. 9). In
examining the motion, the Court notes that plaintiffs have not met the requirements
of Local Rule 55.1.
Local Rule 55.1(a) requires the moving party to: (1) Agive 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) Acertify to the Court that notice has been sent.@ Further,
Local Rule 55.1(b) requires that the motion seeking default judgment Ashall 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
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defaulted party, the motion shall also state that a copy has been mailed to that
attorney.@
Here, it is clear that plaintiffs have not followed the rule. As stated in
many previous orders, the Court, has a clear understanding that the rule is meant
to operate in the following fashion. The rule requires that notice must be mailed (not
emailed) to the last known address of the party from whom default is sought. It also
requires that if the moving party knows or has reason to know the identity of an
attorney thought to represent that the defaulted party the motion shall state that a
copy has been mailed to that attorney. Further, the attorney for the moving party
must certify, as an officer of the court, the he or she does not have knowledge that
the defaulted party is represented by counsel for any matter whatsoever and there is
no counsel to whom the motion can be mailed. This procedure was not followed in
this case. It is not sufficient to file a standard certificate of service as one filed prior
to the enactment of this local rule. Clearly the new rule sought to have additional
information provided to the Court in the form of a representation on the strength of
a good faith certification by an officer of the court to be held accountable for such
representations. In order that the rule can be followed, counsel’s client can be
served, 7th Circuit jurisprudence can be adhered to and in the interest of justice, the
Court hereby allows Plaintiffs leave to file a supplement to their motion to
demonstrate full compliance with Local Rule 55.1. Since the information is readily
at hand, this supplement shall be filed by August 2, 2011. Failure to do so will result
in a denial of the motion. If, on the other hand, plaintiff has not actually complied
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with the rule, the motion should be withdrawn, without prejudice, until such time as
compliance can be achieved.
IT IS SO ORDERED.
Signed this 19th day of July, 2011.
Digitally signed by David R.
Herndon
Date: 2011.07.19 11:05:20
-05'00'

Chief Judge
United States District Court

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