Ironworkers St. Louis District Council Pension, Welfare, and Annuity Funds et al v. Ironworkers Local 577 et al

Filing 9

ORDER denying at this time 8 Motion for Default Judgment. The Court ALLOWS plaintiffs up to October 28, 2014 to file an amended motion. Signed by Judge David R. Herndon on 10/14/14. (klh, )

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
IRONWORKERS ST. LOUIS DISTRICT
COUNCIL, WELFARE, AND ANNUITY FUNDS
and IRONWORKERS LOCALS 46, 392,
and 577,
Plaintiffs,
v.

No. 14-0918-DRH

ROGER SELLE d/b/a/ R&S CONSTRUCTION,
Defendant.

ORDER

HERNDON, District Judge:
Pending before the Court is plaintiffs’ motion for default judgment and an
accounting (Doc. 8).

Based on the following, the Court DENIES at this time the

motion.
A review of the pleadings, reveals that plaintiffs failed to comply with Local
Rule 55(a). 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 attorney
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thought to represent the defaulted party, the motion shall also state that a copy has
been mailed to that attorney.@
Here, plaintiffs failed to certify that they mailed a copy of the motion for
default judgment to defendant=s attorney, or that in the alternative, that plaintiffs
are not aware that defendant is represented by counsel, generally.

Accordingly,

the Court DENIES at this time motion for default judgment and accounting (Doc.
8). The Court ALLOWS plaintiffs to file a new motion that comports with this
Order and the Local Rule on or before October 28, 2014.
IT IS SO ORDERED.
Signed this 14th day of October, 2014.

Digitally signed by
David R. Herndon
Date: 2014.10.14
15:01:20 -05'00'

United States District Court

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