Wells Fargo Bank, N.A. v. Hendricks et al

Filing 30

MEMORANDUM AND ORDER, granting 27 MOTION to Amend/Correct on its Face filed by Wells Fargo Bank, N.A. The court denies 28 MOTION for Default Judgment as to Cherrita Hendricks aka Cherrita C. Hendricks; AmeriFirst Home Improvement Finance Co.; Target National Bank;Township of Caseyville; Worldwide Asset Purchasing II, LLC Assignee of Bank of America NA; filed by Wells Fargo Bank, N.A.Signed by Judge J. Phil Gilbert on 10/22/2013. (jdh)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
WELLS FARGO BANK, N.A. successor by Merger
to Wells Fargo Bank Minnesota, N.A. f/k/a Norwest
Bank Minnesota, N.A., as Trustee for First Franklin
Mortgage Loan Trust Series 2004-Series 2004-FFH2
Asset Backed Certificates 2004-FFH2,
Plaintiff,
vs.
CHERRITA HENDRICKS a/k/a CHERRITA C.
HENDRICKS, AMERIFIRST HOME
IMPROVEMENT FINANCE CO., TARGET
NATIONAL BANK, TOWNSHIP OF
CASEYVILLE, WORLWIDE ASSET
PURCHASING II, LLC Assignee of Bank of
America, UNITED STATES OF AMERICA,
UNKNOWN OWNERS, and NON-RECORD
CLAIMANTS,
Defendants.

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MEMORANDUM AND ORDER
This matter comes before the Court on plaintiff Wells Fargo Bank, N.A.’s (“Wells
Fargo”) Motion to Amend Complaint on its Face (Doc. 27) and Rule 55 Motion for Default
Judgment (Doc. 28).
Wells Fargo asks the Court for leave to amend the complaint to correct the name of the
original mortgagee pled in paragraph 5(d) of the Amended Complaint. It asks that this change be
made “on its face,” which presumably means it wants the Court to strike through the incorrect
mortgagee name and replace it with the actual mortgagee name. This is impossible in light of the
Court’s electronic filing system, which does not permit amendments by interlineation. However,
the Court will allow Wells Fargo to file an amended complaint making the desired changes.

As for Wells Fargo’s request for default judgment, it is premature in light of the fact that
the Clerk of Court has not entered default pursuant to Federal Rule of Civil Procedure 55(a)
against the defendants for whom default judgment is sought. Only after default has been entered
pursuant to Rule 55(a) against a party is a default judgment under Rule 55(b) appropriate. It
further appears a request for entry of default may be premature in light of the anticipated Second
Amended Complaint, which will provide the defendants an opportunity to respond to that
pleading.
For the foregoing reasons, the Court:
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GRANTS Wells Fargo’s motion for leave to amend (Doc. 27) and ORDERS that Wells
Fargo shall have up to and including November 8, 2013, to file a Second Amended
Complaint making the changes requested in its motion; and

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DENIES Wells Fargo’s motion for default judgment (Doc. 28).

IT IS SO ORDERED.
DATED: October 22, 2013
s/J. Phil Gilbert
J. PHIL GILBERT
U.S. DISTRICT JUDGE

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