IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS
February 17, 2010
LA CRESHA WILLIAMS, PLAINTIFF,
CITY OF MADISON, A MUNICIPAL CORPORATION, MADISON POLICE DEPARTMENT, A PUBLIC ENTITY, LT. STEVE SHELBY, CHIEF OF MADISON POLICE DEPARTMENT, INDIVIDUALLY AND IN HIS OFFICIAL CAPACITY, SERGEANT J.D. HARRIS, INDIVIDUALLY AND IN HIS OFFICIAL CAPACITY, DEFENDANT.
The opinion of the court was delivered by: Herndon, Chief Judge
Before the Court are two Motions for Default Judgment and Other Relief filed by Plaintiff (Doc. 10 & 15). 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 Court against the party in default, pursuant to Rule 55(a). In this case, as to her motion for default judgment against Defendants Lt. Steve Shelby, Sgt. J.D. Harris, and the Madison Police Department (Doc. 10), Plaintiff has failed to obtain such entry of default prior to seeking default judgment.*fn1 Plaintiff should have waited to move for a default judgment after first obtaining an Entry of Default pursuant to Rule 55(a). Therefore, the Court STRIKES Plaintiff's Motion for Default (Doc. 10) and GRANTS Plaintiff leave to re-file the motion for default judgment.
The Court also notes that neither of Plaintiff's motions for default judgment (Docs. 10 & 15) state whether she has provided notice of the entry of default and the motion as required by LOCAL RULE 55.1(a) & (b).*fn2 Plaintiff should include the required statement in any subsequent motion for default judgment she files in regards to Defendants Lt. Steve Shelby, Sgt. J.D. Harris, and the Madison Police Department. In regards to her Motion for Default Judgment (Doc. 15) as to the City of Madison, the Court ORDERS Plaintiff to submit a supplement to her motion informing the Court as to whether she has provided the required notice to the defaulted party.The Court DEFERS ruling on Plaintiff's motion until such time as she submits the proper notice.
IT IS SO ORDERED.
David R Herndon Chief Judge United States District Court