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Burnett v. United Adjustment Service

UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS


September 20, 2010

STEVEN BURNETT, PLAINTIFF,
v.
UNITED ADJUSTMENT SERVICE, DEFENDANT.

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

MEMORANDUM AND ORDER

This matter comes before the Court on plaintiff Steven Burnett's motions for default judgment (Docs. 8 & 9). These requests are premature in light of the fact that the Clerk of Court has not entered default pursuant to Federal Rule of Civil Procedure 55(a) against the defendants for whom default judgment is sought. Only after default has been entered pursuant to Rule 55(a) against a party is a default judgment under Rule 55(b) appropriate. For this reason, the Court DENIES without prejudice the plaintiff's motions for default judgment (Docs. 8 & 9). Magistrate Judge Wilkerson's order to show cause (Doc. 12) is VACATED as moot in light of this ruling.

IT IS SO ORDERED.

20100920

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