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Employers and Operating Engineers Local 520 Pension Fund v. Maul Excavating

April 13, 2010

EMPLOYERS AND OPERATING ENGINEERS LOCAL 520 PENSION FUND, ET AL., PLAINTIFF,
v.
MAUL EXCAVATING, INC., DEFENDANT.



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

ORDER

Before the Court is a motion for default judgment (Doc. 11) filed by Plaintiff. Plaintiff requests that the Court enter default judgment, presumably pursuant to FEDERAL RULE OF CIVIL PROCEDURE 55(b). The Court, however, notes that Plaintiff's motion for default does not state whether it provided notice of the entry of default and the default judgment motion as required by LOCAL RULE 55.1(a) & (b).*fn1 In regards to Plaintiff's motion for entry of default judgment (Doc. 11), the Court ORDERS Plaintiff to submit a supplement to its motion informing the Court as to whether it has provided the required notice to the defaulted party and the date upon which that notice was sent out. The Court DEFERS ruling on Plaintiff's motion until such time as it submits the proper notice.

IT IS SO ORDERED.

David R Herndon Chief Judge United States ...


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