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RBS Excavating, Inc. v. HBD Contracting

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS


November 23, 2005

RBS EXCAVATING, INC., AND RONALD RENSING, PLAINTIFFS,
v.
HBD CONTRACTING, INC., DEFENDANT.

The opinion of the court was delivered by: Reagan, District Judge

MEMORANDUM and ORDER

On October 6, 2005, having obtained a Clerk's entry of default against Defendant HBD, Plaintiffs moved for default judgment under FEDERAL RULE OF CIVIL PROCEDURE 55(b).

HBD then moved to set aside the entry of default. The Court denied that motion on November 2, 2005. At the conclusion of the November 2nd Order, the Court set the motion for default judgment for hearing November 22, 2005 and directed Plaintiffs' counsel to appear "and present evidence supporting his request that the Court enter judgment in Plaintiffs' favor for $82, 913.50."

The parties appeared at the November 22, 2005 hearing, presented testimony and introduced exhibits. At the conclusion of the hearing, the Court GRANTED IN PART and DENIED IN PART Plaintiffs' motion for default judgment (Doc. 6).

For the reasons explained on the record, the motion is granted as to the "retainage" amount only, and denied as to the other requested amounts.

Accordingly, the Clerk of Court now is DIRECTED to enter judgment in favor of Plaintiffs and against Defendant HBD in the amount of $25,819.00.

IT IS SO ORDERED.

Michael J. Reagan United States District Judge

20051123

© 1992-2005 VersusLaw Inc.



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