HSBC Bank USA, N.A. v. Chamness et al

Filing 15

ORDER directing plaintiff to file supplement by September 9, 2011 to 13 MOTION for Default Judgment as to all Defendants filed by HSBC Bank USA, N.A. Signed by Chief Judge David R. Herndon on 8/25/11. (klh, )

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
HSBC BANK USA, N.A., AS INDENTURE
TRUSTEE FOR THE REGISTERED
NOTEHOLDERS OF RENAISSANCE
HOME EQUITY LOAN TRUST 2006-2,
Plaintiff,
v.
JEFFREY P. CHAMNESS, JENNIFER
CHAMNESS, HEARTLAND REGIONAL
MEDICAL CENTER,
Defendants.

11-0372- DRH
ORDER

HERNDON, Chief Judge:
Before the Court is plaintiff’s motion for default judgment for foreclosure and
sale (Doc. 13). In examining the motion, the Court notes that plaintiff has 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 plaintiff has not followed the rule. As stated in many
previous cases, 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 plaintiff leave to file a supplement to its motion to demonstrate
full compliance with Local Rule 55.1. Since the information is readily at hand, this
supplement shall be filed by September 9, 2011. Failure to do so will result in a
denial of the motion. If, on the other hand, plaintiff has not actually complied with
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the rule, the motion should be withdrawn, without prejudice, until such time as
compliance can be achieved.
IT IS SO ORDERED.
Signed this 25th day of August, 2011.
Digitally signed by David R.
Herndon
Date: 2011.08.25 11:30:48 -05'00'

Chief Judge
United States District Court

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