United States District Court, S.D. Illinois
December 2, 2005.
CAPITAL COMMERCIAL LEASING CORPORATION, Plaintiff,
DOUGLAS T. TALLEY, Defendant.
The opinion of the court was delivered by: DAVID HERNDON, District Judge
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, ¶ 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.
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