Saterfield v. Baldwin et al

Filing 39

MEMORANDUM AND ORDER, denying 24 MOTION for Default Judgment as to filed by Lloyd Saterfield. Signed by Judge J. Phil Gilbert on 6/13/2018. (jdh)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
LLOYD SATERFIELD,

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Plaintiff,
v.
DR. RITZ and DR. SMITH
Defendants.

Case No. 3:18-cv-560-JPG-DGW

MEMORANDUM AND ORDER
Now pending before the Court is the Motion for Default Judgment filed by Plaintiff Lloyd
Saterfield on May 23, 2018 (Doc. 24).

The Motion is DENIED.

Federal Rule of Civil

Procedure 55(a) allows for entry of default by the Clerk if a party fails to “plead or otherwise
defend, and that failure is shown by affidavit or otherwise.” Only after entry of default can a
default judgment be entered. See VLM Food Trading Int’l, Inc. v. Illinois Trading Co., 811 F.3d
247, 255 (7th Cir. 2016). Plaintiff did not seek entry of default prior to seeking default judgment.
In any event, the only defendant served in this matter, Dr. Ritz, timely filed his Answer on May 25,
2018 (Doc. 25). As such, Plaintiff is not entitled to entry of default or default judgment. To the
extent that Plaintiff seeks injunctive relief, such relief shall be considered along with his motion
for a preliminary injunction (Doc. 12).
DATED: June 13, 2018

s/ J. Phil Gilbert
J. PHIL GILBERT
District Judge