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Thrivent Financial for Lutherans v. Liefer

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF ILLINOIS


February 11, 2010

THRIVENT FINANCIAL FOR LUTHERANS, PLAINTIFF,
v.
RICHARD LIEFER, AS TRUSTEE OF THE HULDA ALICE YUD FAMILY TRUST DATED JULY 27, 1993 AND AS THE PERSONAL REPRESENTATIVE OF THE ESTATE OF HULDA A. YUD, HULDA ALICE YUD REVOCABLE INTER VIVOS TRUST, A LIVING TRUST AGREEMENT DATED JULY 27, 1993, AND HULDA A. YUD FAMILY TRUST, A LIVING TRUST AGREEMENT DATED FEBRUARY 19, 1995, DEFENDANTS.

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

MEMORANDUM & ORDER

This matter comes before the Court on Plaintiff Thrivent Financial for Lutherans' ("Thrivent") Motion for Default Judgment (Doc. 33) and Thrivent and Defendant Richard Liefer's ("Liefer") Motion for Entry of Consent Judgment (Doc. 30).

I. Default Judgment

Thrivent seeks default judgment against Defendant Hulda Alice Yud Revocable Inter Vivos Trust ("Trust 1") and Defendant Hulda A. Yud Family Trust ("Trust 2") due to their failure to appear or otherwise defend in this case. This Court previously allowed Thrivent to serve Trust 1 and Trust 2 via publication, so long as certain requirements were fulfilled. (See Doc. 20, p. 3). As the docket sheet shows, Thrivent adhered to these strict requirements; thus, both Trust 1 and Trust 2 have been properly served. Additionally, upon recent motion and affidavit by Thrivent, the Clerk of Court entered default against Trust 1 and Trust 2. (See Doc. 32).

Having fully considered the record in this case, especially Thrivent's Complaint (Doc. 2) for reformation, the instant motion, and all relevant exhibits, the Court finds default judgment against Trust 1 and Trust 2 to be appropriate. The Court also notes that default judgment may be taken at this time, as the first publication of this matter was in The Benton Evening News on November 27, 2009. (See Doc. 24); 735 ILL. COMP. STAT. 5/2-207 (2008) ("No default or proceeding shall be taken against any defendant not served with summons, or a copy of the complaint, and not appearing, unless the first publication be at least 30 days prior to the time when the default or other proceeding is sought to be taken."). As such, the Court GRANTS Thrivent's Motion for Default Judgment (Doc. 33). The Court DIRECTS the Clerk of Court to enter judgment accordingly.

II. Consent Judgment

The Court has reviewed Thrivent and Liefer's proposed consent judgment and hereby approves its terms. Therefore, the Court GRANTS Thrivent and Liefer's Motion for Consent Judgment (Doc. 30) and DIRECTS the Clerk of Court to enter judgment accordingly.

IT IS SO ORDERED.

20100211

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