Kruger v. Baldwin et al

Filing 124

ORDER DIRECTING the Clerk to enter default against Defendant James Mallory. Motion for default judgment due August 26, 2020. Signed by Chief Judge Nancy J. Rosenstengel on 8/5/2020. (anp)

Case 3:18-cv-00512-NJR Document 124 Filed 08/05/20 Page 1 of 2 Page ID #428
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
JOSHUA W. KRUGER,
Plaintiff,
v.

Case No. 18-cv-512-NJR

JOHN BALDWIN, et al.,
Defendants.

MEMORANDUM AND ORDER
ROSENSTENGEL, Chief Judge:
This matter is before the Court for case management purposes. James Mallory was
issued a summons by certified mail on March 13, 2020 (Docs. 90, 109). On July 22, 2020,
that summons was returned executed, noting that he was served on June 29, 2020
(Doc. 109). Mallory’s Answer was due July 20, 2020. As of this date, he has failed to move,
answer, or otherwise plead in response to the Complaint.
The Federal Rules of Civil Procedure provide that the Clerk of Court must enter
default against a defendant who has failed to plead or otherwise defend. Fed. R. Civ. P.
55(a). Accordingly, the Court ORDERS as follows:
(1)

The Clerk of Court is DIRECTED to ENTER DEFAULT against
Defendant James Mallory in accordance with Federal Rule of Civil
Procedure 55(a).

(2)

Plaintiff is ORDERED to move for default judgment against
Defendant Mallory on or before August 26, 2020, in accordance with
Federal Rule of Civil Procedure 55(b).

(3)

If Plaintiff fails to move for default judgment as set forth in this
Order, this entire action will be dismissed as to Defendant James
Mallory for failure to prosecute and/or failure to comply with an
Page 1 of 2

Case 3:18-cv-00512-NJR Document 124 Filed 08/05/20 Page 2 of 2 Page ID #429
order of the Court.
(4)

The Clerk of Court is DIRECTED to transmit a copy of this Order
and the entry of default to Plaintiff and to Defendant James Mallory.

IT IS SO ORDERED.
DATED: August 5, 2020
____________________________
NANCY J. ROSENSTENGEL
Chief U.S. District Judge

Page 2 of 2