Reynolds v. AAA Auto Club Enterprises

Filing 21

ORDER denying 20 Motion for Entry of Default. Further, the Clerk is instructed to notify plaintiff once the summons is returned. Signed by Chief Judge David R. Herndon on 6/5/2012. (mtm)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
ATRELLA REYNOLDS,
Plaintiff,
v.

No. 12-cv-200-DRH-DGW

AAA AUTO CLUB ENTERPRISES,
Defendant.
MEMORANDUM AND ORDER
HERNDON, Chief Judge:
This matter comes before the Court on plaintiff’s second motion for entry of
default (Doc. 20). As plaintiff did not initially provide the Court with defendant’s
correct address for service of process, a summons was reissued on May 9, 2012
(Doc. 17). The summons has not yet been returned either executed or unexecuted.
Pursuant to FEDERAL RULE OF CIVIL PROCEDURE 12(a)(1)(i), a defendant must serve
a responsive pleading, “within 21 days after being served with the summons and
complaint.” See FED. R. CIV. P. 12(a)(1)(i). Further, under Local Rule 55.1(a), an
entry of default is only proper, “against any party who fails to respond to a
complaint . . . within the time and manner provided by FEDERAL RULE
PROCEDURE 12.” See SDIL-LR 55.1(a); see also FED. R. CIV. P. 55.

OF

CIVIL

There are

additional requirements for a default judgment, including providing notice to the
defendant and defendant’s counsel which must be followed. As the summons has
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not yet been returned, a motion for entry of default is not proper at this time.
Thus, plaintiff’s motion is DENIED (Doc. 20). Once the summons is returned,
the Clerk shall provide plaintiff notice of its return. Further, the Court again
stresses that it shall not independently investigate the correct address of
defendant for purposes of service of process.

Digitally signed by
David R. Herndon
Date: 2012.06.05
14:42:21 -05'00'

IT IS SO ORDERED.
Signed this 5th day of June, 2012.

Chief Judge
United States District Court

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