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Reynolds v. Bank of America

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


June 9, 2010

ATRELLA R. REYNOLDS, PLAINTIFF,
v.
BANK OF AMERICA, N.A., DEFENDANT.

The opinion of the court was delivered by: Reagan, District Judge

ORDER

The Court DENIES Reynolds' motion for default judgment (Doc. 22). Reynolds is not entitled to a default judgment because the party against which she seeks a default judgment has not been defaulted yet. See Fed. R. Civ. P. 55(a). Even if she had sought for entry of default against Bank of America, it would be denied because the time for filing an answer has not yet elapsed. See R. 12(a)(4) (noting that "serving a motion under this rule" changes the time to file an answer to 14 days after the disposition of the motion).

IT IS SO ORDERED.

MICHAEL J. REAGAN United States District Judge

20100609

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