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Barton v. Randolph County

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


January 31, 2007

JEREMY BARTON, SPECIAL ADMINISTRATOR OF THE ESTATE OF FRANKLIN BARTON, JR., DECEDENT, PLAINTIFF,
v.
RANDOLPH COUNTY, EVERCOM, INC., AND PBG, INC., DEFENDANTS.

The opinion of the court was delivered by: J. Phil Gilbert United States District Judge

MEMORANDUM AND ORDER

This cause comes before the Court on the motion of plaintiff Jeremy Barton for default judgment against defendant PBG, Inc. pursuant to Federal Rule of Civil Procedure 55(b) (Doc. 19). This request is premature in light of the fact that the Clerk of Court has not entered default pursuant to Federal Rule of Civil Procedure 55(a) against PBG, Inc. Only after default has been entered pursuant to Rule 55(a) against a party is a default judgment under Rule 55(b) appropriate. For this reason, the Court DENIES without prejudice the plaintiff's motion for default judgment (Doc. 19). The Court FURTHER ORDERS that the deadline to show cause contained in the Court's January 17, 2007, order is extended to February 9, 2007. Again, the plaintiff's filing of a proper motion for entry of default pursuant to Rule 55(a) shall be a satisfactory response to this order to show cause.

IT IS SO ORDERED.

20070131

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