Aspen Specialty Insurance Company v. Metro East Title Corporation et al

Filing 27

MEMORANDUM AND ORDER, Denying without prejudice 26 MOTION for Default Judgment as to Metro East Title Corporation and Karen Steinke filed by Aspen Specialty Insurance Company.Signed by Judge J. Phil Gilbert on 1/29/14. (jdh)

UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
ASPEN SPECIALITY INSURANCE COMPANY,
Plaintiff,
v.

Case No. 13-cv-1118-JPG-DGW

METRO EAST TITLE CORPORATION, KAREN
STEINKE, MARVIN STEINKE and WFG
NATIONAL TITLE INSURANCE COMPANY,
Defendants.
MEMORANDUM AND ORDER
This matter comes before the Court on plaintiff Aspen Specialty Insurance Company’s
Motion For Default Judgment against defendants Metro East Title Corporation and Karen Steinke
(Doc. 26). This request 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. For this reason, the Court DENIES without
prejudice the plaintiff’s Motion for Default Judgment (Doc. 26).
IT IS SO ORDERED.
DATED: January 29, 2014
s/J. Phil Gilbert
J. PHIL GILBERT
DISTRICT JUDGE