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CAPITAL COMMERCIAL LEASING CORPORATION v. TALLEY

United States District Court, S.D. Illinois


December 2, 2005.

CAPITAL COMMERCIAL LEASING CORPORATION, Plaintiff,
v.
DOUGLAS T. TALLEY, Defendant.

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

ORDER

Obtaining a default judgment is a two-step process. First, a party seeks an entry of default from the clerk. FED. R. CIV. P. 55(a).*fn1 Second, she seeks a default judgment. Fed.R.Civ.P. 55(b). There is a clear distinction between the two steps. See Lowe v. McGraw-Hill Cos., 361 F.3d 335, 339 (7th Cir. 2004); see also In re Catt, 368 F.3d 789, 793 (7th Cir. 2004); United States v. Di Mucci, 879 F.2d 1488, 1490 n. 3 (7th Cir. 1989).

Here, Plaintiff neglects the first step and moves directly to the second. Instead of seeking an entry of default from the clerk, Plaintiff requests an "entry of judgment by default" from this Court. (Doc. 5, ΒΆ 4.) This is improper. As Rule 55 indicates, before seeking a default judgment, a plaintiff must first obtain an entry of default from the clerk. Because Plaintiff has failed to do so, the Court DENIES Plaintiff's motion for a default judgment. (Doc. 5.)

  IT IS SO ORDERED.

20051202

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