IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS
May 24, 2010
EMPLOYERS AND OPERATING ENGINEERS LOCAL 520 PENSION FUND, ET AL., PLAINTIFF,
MAUL EXCAVATING, INC., DEFENDANT.
The opinion of the court was delivered by: Herndon, Chief Judge
This matter is before the Court for case management purposes. On March 25, 2010 Plaintiffs filed a motion for default judgment, requesting that the Court enter default judgment, presumably pursuant to FEDERAL RULE OF CIVIL PROCEDURE 55(b) (Doc. 11). However, both Plaintiffs' motion and their supporting memorandum (Doc. 12) failed to contain the proper notice as required under LOCAL RULE 55.1 (a) & (b).*fn1 On April 13, 2010, the Court entered an Order deferring ruling on Plaintiffs' motion for default judgment until such time as Plaintiffs supplemented their motion with the proper statements as to whether the required notice was provided to the defaulting party. Plaintiffs were also instructed to provide the Court with the date on which the notice of entry of default and motion for default judgment were sent to Defendant and its attorney. As of this date, Plaintiffs have failed to file any supplemental documentation as required by the Court. Therefore, the Court DENIES without prejudice Plaintiffs' motion for default judgment (Doc. 11) for failure to comply with the Court's Order and provide the proper statements regarding notice to the defaulting party. The Court, however, GRANTS Plaintiffs leave to re-file their motion for default judgment with the proper statements regarding notice.
IT IS SO ORDERED.
David R Herndon Chief Judge United States District Court