Acuity, A Mutual Insurance Company v. Swan et al

Filing 30

ORDER temporarily denying 29 Motion for Default Judgment. Plaintiff is allowed to file a new motion that comports with this Order and Local Rule 55.1(b)on or before January 19, 2017. Signed by Judge David R. Herndon on 01/02/2017. (kmb2, )

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
Acuity, a Mutual Insurance Company
Plaintiff,
v.

No. 3:16-cv-00865-DRH-SCW

James Swan and
Hardin Ready Mix, Inc.,
Defendants.
ORDER
HERNDON, District Judge:
Pending before the Court is plaintiff’s verified motion for default judgment
regarding solely defendant James Swan. (Doc. 29). Based on the following, the
Court DENIES the motion, at this time.
A review of the pleadings reveals that plaintiff has failed to comply with
Local Rule 55.1(b). Local Rule 55.1(b) requires
“[a]ny motion for default judgment pursuant to Federal Rule of Civil
Procedure 55(b) [to] 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 thought to represent the
defaulted party, the motion shall also state that a copy has been
mailed to that attorney.”
SDIL-LR 55.1(b).
Here, plaintiff failed to include—in the contents of the motion—“a
statement that a copy of the motion has been mailed to the last known

address of the party from whom judgment is sought”; as well as, a
statement that a copy of the motion has been mailed to “an attorney thought
to represent the defaulted party,” “[i]f the moving party knows, or
reasonably should know, the identify of [the] attorney.” Id. Accordingly,
the Court DENIES, at this time, plaintiff’s verified motion for default
judgment (Doc. 29). The Court ALLOWS plaintiff to file a new motion that
comports with this Order and the Local Rules on or before January 19,
2017.
IT IS SO ORDERED.
Signed this 7th day of January, 2017.

Judge Herndon
2017.01.07
12:25:07 -06'00'
United States District Judge