USA v. Zachman et al

Filing 22

ORDER denying at this time 21 Motion for Default Judgment. See order for details. Signed by Judge David R. Herndon on 5/10/16. (klh)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
UNITED STATES OF AMERICA,
Plaintiffs,
v.

No. 16-0258-DRH

LANA Y. DANIELS,
Defendant.

ORDER

HERNDON, District Judge:
Pending before the Court is the government’s request for clerk’s entry of
default judgment against defendant Lana Y. Daniels (Doc. 21) which the Court
construes as a motion for default judgment as the Clerk’s Entry of Default against
Daniels was entered on April 20, 2016 (Doc. 17). Based on the following, the
Court DENIES at this time the motion.
A review of the pleadings, reveals that the government failed to comply with
Local Rule 55.1. Local Rule 55.1(a) requires the moving party to: (1) “give 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) “certify to the Court that notice has been
sent.”

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

judgment “shall 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, the government failed to certify that it mailed a copy of the motion for
default judgment to defendant’s attorney, or that in the alternative, that government
is not aware that defendant is represented by counsel, generally.

Accordingly, the

Court DENIES at this time motion for default judgment (Doc. 21). The Court
ALLOWS the government to file a new motion that comports with this Order and
the Local Rule on or before May 24, 2016.
IT IS SO ORDERED.

Digitally signed by
Judge David R.
Herndon
Date: 2016.05.10
11:17:36 -05'00'

Signed this 10th day of May, 2016.

United States District Judge

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