Ickes v. USA et al

Filing 47

MEMORANDUM AND ORDER, denying 45 MOTION for Default Judgment as to filed by Kevin J Ickes. Signed by Judge J. Phil Gilbert on 4/19/2016. (jdh)

UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
KEVIN J. ICKES,
Plaintiff,
v.

Case No. 15-cv-00907-JPG-SCW

USA, et al.,
Defendants.
MEMORANDUM AND ORDER
This matter comes before the Court on Plaintiff Kevin J. Ickes’ Motion (Doc. 45) Pursuant
to Fed.R.Civ.P. 37(B)(2)(A)(VI) for Default Judgment. The response time has not yet expired,
but a response is not necessary as the plaintiff has failed to comply with the provisions for
sanctions under Rule 37.
Rule 37(a)(1) states that the motion, “must include a certification that the movant has in
good faith conferred or attempted to confer with the person or party failing to make disclosure or
discovery in an effort to obtain it without court action.” Plaintiff’s motion does not contain the
required certification and therefore, must be denied.
The Court also notes that the Plaintiff is requesting that the Court enter a default judgment
against the “government” where the “government’s disclosure was evasive and/or incomplete.”
Defendant USA has been dismissed from this matter. (Doc. 9). As such, plaintiff’s motion fails
to identify which defendant(s) that he seeking to have sanctioned.
The Court acknowledges that the plaintiff is pro se and as such, the Court will advise the
plaintiff that the proper means in which to proceed with regard to a discovery dispute is to notify
the opposing party of the dispute and, if the dispute is not resolved between the parties, to file a

motion to compel pursuant to Rule 37(a)(3)(B). If the Court grants the motion to compel and the
defendant then fails to provide an adequate response, the plaintiff may then motion under Rule
37(b). Further, if additional time is needed to obtain the information pertaining to the unknown
defendants, plaintiff should file a request for extension of time to amend his complaint.
Based on the foregoing, Plaintiff Kevin J. Ickes’ Motion (Doc. 45) Pursuant to
Fed.R.Civ.P. 37(B)(2)(A)(VI) for Default Judgment is DENIED.
IT IS SO ORDERED.
DATED: 4/19/2016
s/J. Phil Gilbert
J. PHIL GILBERT
DISTRICT JUDGE