Kaska v. Alliant Acquisition Group

Filing 9

MEMORANDUM AND ORDER, denying 8 MOTION for Default Judgment as to Alliant Acquisition Group filed by Brittany N. Kaska. Signed by Judge J. Phil Gilbert on 9/5/2018. (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 motion for default
judgment (Doc. 8) 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”) 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). Kaska now asks for default judgment under Rule 55(b) (Doc. 8). She has not,
however, provided evidence that she has sent notice of the entry of default on Alliant as required
by Local Rule 55.1(a). For this reason, the Court DENIES without prejudice Kaska’s motion
for default judgment (Doc. 8). She may reapply once she has served notice of entry of default on
Alliant. Further, because the Court has questions whether service of process was actually
accomplished in a manner that satisfies Federal Rule of Civil Procedure 4, the plaintiff should
explain in any subsequent motion for default judgment why service of process was sufficient
under Rule 4, particularly under Rule 4(k).
IT IS SO ORDERED.
DATED: September 5, 2018
s/ J. Phil Gilbert
J. PHIL GILBERT
DISTRICT JUDGE