Anderson v. United State Department of Agriculture et al

Filing 24

MEMORANDUM AND ORDER, denying 18 MOTION for Entry of Default and MOTION for Default Judgment as to filed by Mark Anderson and vacating the entry of default against the USDA at doc 20 . Signed by Judge J. Phil Gilbert on 10/29/2013. (jdh)

UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
MARK ANDERSON,
Plaintiff,
Case No. 13-cv-672-JPG-PMF
v.
UNITED STATES DEPARTMENT OF
AGRICULTURE, ILLINOIS DEPARTMENT OF
AGRICULTURE and FARM SERVICES AGENCY,
Defendants.
MEMORANDUM AND ORDER
This matter comes before the Court for case management purposes. The Court notes that the
Clerk of Court entered default against the United States Department of Agriculture (“USDA”) on October
28, 2013 (Doc. 20). On further review, it appears that plaintiff Mark Anderson did not serve the USDA in
the manner required under Federal Rule of Civil Procedure 4(i)(2) and therefore is not entitled to entry of
default. Accordingly, the Court VACATES the entry of default against the USDA (Doc. 20) and
DENIES Anderson’s request for entry of default against the USDA (Doc. 18). The Court further
DENIES the motion for default judgment (Doc. 18) for failure to serve the motion for default judgment as
required by SDIL Local Rule 55.1(b) and for failure to obtain entry of default. The Court reminds
Anderson that he has 120 days from the date the complaint was filed to effect service on the defendants.
See Fed. R. Civ. P. 4(m).
IT IS SO ORDERED.
DATED: October 29, 2013
s/J. Phil Gilbert
J. PHIL GILBERT
DISTRICT JUDGE