Joe Hand Promotions, Inc. v. Kinnard et al

Filing 14

ORDER denying at this time 13 Motion for Default Judgment. The Court ALLOWS plaintiff up to and April 22, 2014 to file new motion. Signed by Chief Judge David R. Herndon on 4/8/14. (klh, )

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

JOE HAND PROMOTIONS, INC.,
Plaintiff,
v.
GUENLEN L. KINNARD, et al.,

Defendants.
No. 14-0094-DRH

MEMORANDUM and ORDER

HERNDON, Chief Judge:
On April 7, 2014, plaintiff filed a motion for default judgment (Doc. 13). A
review of the motion indicates that plaintiff did not follow Local Rule 55.1. Thus,
the Court denies at this time plaintiff’s motion.
The Court notes that Local Rule 55.1(a) requires the moving party to: (1)
Agive notice of the entry of default to the defaulting party by regular mail sent to the
last known address of the defaulted party,@ and (2) Acertify to the Court that notice
has been sent.@

Further, Local Rule 55.1(b) requires that the motion seeking

default judgment Ashall 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. If the moving party knows, or reasonably should know, the identity of an

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attorney thought to represent the defaulted party, the motion shall also state that a
copy has been mailed to that attorney.@
Here, it appears to the Court that plaintiff did not follow the local rules in
filing its motion to for default judgment.

Local Rule 55.1 requires that notice

must be mailed (not emailed) to the last known address of the party from whom
default is sought. It also requires that if the moving party knows or has reason to
know the identity of an attorney thought to represent that the defaulted party the
motion shall state that a copy has been mailed to that attorney. Further, the
attorney for the moving party must certify, as an officer of the court, the he or she
does not have knowledge that the defaulted party is represented by counsel for any
matter whatsoever and there is no counsel to whom the motion can be mailed.
This procedure was not followed in this case. Accordingly, the Court DENIES
the motion for default judgment and ALLOWS plaintiff to file a new motion for
default judgment on or before April 22, 2014.
IT IS SO ORDERED.
Signed this 8th day of April, 2014.

David R.
Herndon
2014.04.08
11:23:10 -05'00'
Chief Judge
United States District Court

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