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Curtis A. Smith v. Illinois Association of School Boards

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


December 2, 2010

CURTIS A. SMITH, PLAINTIFF,
v.
ILLINOIS ASSOCIATION OF SCHOOL BOARDS, ET AL., DEFENDANTS.

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

ORDER

Now before the Court is Plaintiff's motion for entry of Default Judgment as to Defendant Illinois Association of School Boards (Doc. 57). Federal Rule of CIvil Procedure 55 provides the procedure vehicle for obtaining a default judgment against a party. The moving party must first seek an entry of default from the Clerk of the Court against the party in default, pursuant to Rule 55(a). *fn1 Plaintiff failed to obtain such an entry of default prior to seeking default judgment. Furthermore, the Plaintiff failed to comply with the certification required in SDIL-LR 55.1(b). Therefore, the Court STRIKES Plaintiff's motion for default judgment.

IT IS SO ORDERED .

David R. Herndon 2010.12.02 10:41:32 -06'00' Chief Judge United States District Court


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