Tony Walker Enterprises, Inc. v. Pacific Central Steel Fabrication, Inc.

Filing 9

ORDER denying 8 Motion for Default Judgment. Signed by Chief Judge David R. Herndon on 7/17/2012. (mtm)

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

TONY WALKER ENTERPRISES, INC.,
d/b/a PICOR,
Plaintiff,
v.
PACIFIC CENTRAL STEEL
FABRICATION, INC.,
Defendant.

No. 12-cv-586-DRH-PMF

MEMORANDUM AND ORDER

HERNDON, Chief Judge:
Pending before the Court is plaintiff Tony Walker Enterprises, Inc., d/b/a
PICOR’s motion for default judgment (Doc. 8). Plaintiff’s motion is DENIED, as it
disregards the Local Rules of this Court, in addition to the FEDERAL RULES OF CIVIL
PROCEDURE.
Pursuant to Rule 55(a) and Local Rule 55.1(a), a party must first motion
the Clerk for an entry of default before the Court can properly entertain a motion
for default judgment. See Fed. R. Civ. P. 55(a); SDIL-LR 55.1(a). Moreover, a
proper motion for default judgment under Rule 55(b), “shall 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.” SDIL-LR 55.1(b). Finally, “[i]f the moving
party knows, or reasonably should know, the identity of an attorney thought to
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represent the defaulted party, the motion shall state that a copy has been mailed
to that attorney.” SDIL-LR 55.1(b).
Plaintiff has not motioned the Clerk for an entry of default. Additionally,
plaintiff’s motion does not state that it mailed a copy to defendant’s last known
address.

Lastly, plaintiff does not indicate whether it has knowledge of

defendant’s attorney generally, or even whether it believes defendant is
represented by counsel in this dispute. Thus, plaintiff does not indicate whether it
sent a copy of the instant motion to defendant’s attorney, whether or not plaintiff
knows him to represent defendant on this dispute specifically. Accordingly,
plaintiff’s motion is wholly inadequate and must be DENIED (Doc. 8).
IT IS SO ORDERED.
Signed this 17th day of July, 2012.

David R. Herndon
2012.07.17
10:26:50 -05'00'
Chief Judge
United States District Court

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