Employers & Cement Masons #90 Health & Welfare Fund et al v. Osterhage Contracting Incorporated et al

Filing 11

ORDER directing plaintiffs to file supplement to motion for default judgment. Supplement due November 2, 2011. Signed by Chief Judge David R. Herndon on 10/19/2011. (klh, )

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
EMPLOYERS & CEMENT MASONS
#90 HEALTH & WELARE FUND and
EMPLOYERS & CEMENT MASONS #90
PENSION FUND,
Plaintiffs,
v.
OSTERHAGE CONTRACTING INC.,
and DEBRA OSTERHAGE, INDIVIDUALY,
Defendants.

11-0521- DRH
ORDER

HERNDON, Chief Judge:
Before the Court is plaintiffs= motion for default judgment (Doc. 10). 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
defaulted party, the motion shall also state that a copy has been mailed to that
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attorney.@
Here, it appears to the Court that plaintiffs’ counsel followed the procedure in
place before the Local Rules were amended on December 1, 2009. On careful
reading of Local Rule 55.1, the Court now 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. 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 2, 2011. Failure
to do so will result in a denial of the motion.
IT IS SO ORDERED.
Signed this 19th day of October, 2011.
Digitally signed by David R.
Herndon
Date: 2011.10.19 11:10:03
-05'00'

Chief Judge
United States District Court

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