Kaska v. Alliant Acquisition Group

Filing 11

MEMORANDUM AND ORDER, the Court DENIES without prejudice Kaska's amended motion for default judgment (Doc. 10). Signed by Judge J. Phil Gilbert on 12/10/2018. (jdh)

UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
BRITTANY N. KASKA,
Plaintiff,
v.

Case No. 18-cv-1174-JPG-SCW

ALLIANT ACQUISITION GROUP,
Defendant.
MEMORANDUM AND ORDER
This matter comes before the Court on plaintiff Brittany N. Kaska’s amended motion for
default judgment (Doc. 10) in this case under the Fair Debt Collection Practices Act, 15 U.S.C.
§ 1692 et seq., and the Telephone Consumer Protection Act, 47 U.S.C. § 227, et seq. She
arranged for service of the summons and complaint on defendant Alliant Acquisition Group
(“Alliant”) at its principal place of business in Riverside, California, on June 14, 2018. Alliant
did not respond within 20 days of service, and the Clerk of Court entered default against Alliant
on August 3, 2018, pursuant to Federal Rule of Civil Procedure 55(a) (Doc. 7). In her original
motion for default judgment, Kaska had not provided evidence that she sent notice of that entry
of default to Alliant as required by Local Rule 55.1(a). The Court denied her motion on this
account and directed her to reapply once she had served Alliant with notice of the entry of
default and to explain in her subsequent motion why service of process on Alliant satisfied
Federal Rule of Civil Procedure, particularly Rule 4(k).
Kaska has now filed an amended motion for default judgment under Rule 55(b). In her
motion, she explains that she has served process on the defendant in accordance with Rule
4(h)(1)(B). She has not, however, cured her failure to provide evidence that she sent notice of
the entry of default to Alliant as required by Local Rule 55.1(a). She states that notice of the

motion for entry of default was sent but does not state that notice of the Clerk’s entry of default
was sent. For this reason, the Court DENIES without prejudice Kaska’s amended motion for
default judgment (Doc. 10). She may reapply with proof that she has served notice of entry of
default on Alliant.
IT IS SO ORDERED.
DATED: December 10, 2018
s/ J. Phil Gilbert
J. PHIL GILBERT
DISTRICT JUDGE

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