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Grinnell Mutual Reinsurance Co. v. Smith

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


August 7, 2009

GRINNELL MUTUAL REINSURANCE COMPANY, PLAINTIFF,
v.
RENA SMITH, MICHAEL STIFLE, ROGER OSBORN, AND TAMMY WOOD AS ADMINISTRATOR OF THE ESTATE OF HARRY YARGUS, DECEASED, DEFENDANT.

The opinion of the court was delivered by: Herndon, Chief Judge

ORDER

Before the Court is Plaintiff's Motion for Default Against Rena Smith (Doc. 21). Plaintiff requests that the Court enter a default judgment, presumably pursuant to FEDERAL RULE OF CIVIL PROCEDURE 55(b). While 55(b) provides the procedural vehicle for obtaining a default judgment against a party, the moving party must first seek an entry of default from the Clerk of the Court against the party in default, pursuant to Rule 55(a). In this case, Plaintiff has failed to obtain such entry of default prior to seeking a default judgment. Therefore, the Court DENIES Plaintiff's Motion for Default (Doc. 21). Plaintiff must first file a Motion for Entry of Default by Clerk, pursuant to Rule 55(a), and then move for a default judgment pursuant to Rule 55(b), at which time, the Court will revisit the issue.

IT IS SO ORDERED.

David R. Herndon Chief Judge United States District Court

20090807

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