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Employers & Cement Masons Local #90 Health & Welfare Fund v. W.C.

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


October 29, 2010

EMPLOYERS & CEMENT MASONS LOCAL #90 HEALTH & WELFARE FUND, ET AL., PLAINTIFFS,
v.
W.C., BEISER CONCRETE COMPANY, INC., DEFENDANT.

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

ORDER

Before the Court is Plaintiffs' Motion for Default Judgment (Doc. 7) against Defendant. In examining the Motion and supporting affidavit (Doc. 7), the Court notes Plaintiffs have not yet met the requirements set forth by the Court's L OCAL R ULE 55.1 . L OCAL R ULE 55.1(a) requires the moving party to: (1) "give notice of the entry of default to the defaulting party by regular mail sent to the last known address of the defaulted party," and (2) "certify to the Court that notice has been sent."*fn1

Further, L OCAL R ULE 55.1(b) requires that the motion seeking default judgment "shall contain a statement that a copy of the motion has been mailed to the last known address of the party from whom default judgment is sought. If the moving party knows, or reasonably should know, the identity of an attorney thought to represent the defaulted party, the motion shall also state that a copy has been mailed to that attorney."

Accordingly, the Court hereby allows Plaintiffs leave to file a supplement to their motion to demonstrate full compliance with L OCAL R ULE 55.1 . This supplement shall be filed by November 12, 2010 . Failure to do so will result in a denial of the motion.

IT IS SO ORDERED.


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