Scurlock v. Penthouse International Entertainment Consultants IEC

Filing 10

MEMORANDUM AND ORDER, the Court VACATES the Clerks entry of default (Doc. 8 ) and, pursuant to Federal Rule of Civil Procedure 4(m), EXTENDS the deadline for proper service of process on the defendant to January 8, 2016.The Court DENIES Scurlocks motion for entry of default judgment without prejudice (Doc. 9 ). Signed by Judge J. Phil Gilbert on 11/5/2015. (jdh)

UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
CHARLES SCURLOCK,
Plaintiff,
v.

Case No. 15-cv-338-JPG-DGW

PENTHOUSE INTERNATIONAL
ENTERTAINMENT CONSULTANTS IEC,
Defendant.
MEMORANDUM AND ORDER
This matter comes before the Court on plaintiff Charles Scurlock’s motion for default
judgment (Doc. 9) following entry of default by the Clerk of Court on August 20, 2015 (Doc. 8).
In reviewing the file, the Court has noted several problems with this case.
The return of service on defendant Penthouse International Entertainment Consultants IEC
(“Penthouse”) (Doc. 5) reflects service using a method authorized for service on an individual
defendant under Federal Rule of Civil Procedure 4(e), but Penthouse is a corporate defendant and
must be served according to Federal Rule of Civil Procedure 4(h). That means the person with
whom the summons and complaint are left must be identified by name and must be able to accept
service of process on behalf of the defendant organization. There is no evidence in the record that
this was done. Accordingly, the Court VACATES the Clerk’s entry of default (Doc. 8) and,
pursuant to Federal Rule of Civil Procedure 4(m), EXTENDS the deadline for proper service of
process on the defendant to January 8, 2016.
In light of the fact that entry of default has been vacated, default judgment is not warranted
at this time. Accordingly, the Court DENIES Scurlock’s motion for entry of default judgment
without prejudice (Doc. 9). The Court further notes that there is no certificate that Scurlock has

provided notice of entry of default to Penthouse as required by Local Rule 55.1(a) and no
statement that Scurlock has served the motion for default judgment on Penthouse as required by
Local Rule 55.1(b), which would have been independent grounds for denying the motion for
default judgment.
IT IS SO ORDERED.
DATED: November 5, 2015
s/ J. Phil Gilbert
J. PHIL GILBERT
DISTRICT JUDGE

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