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Anderson v. United States Department of Agriculture

United States District Court, Seventh Circuit

October 29, 2013

MARK ANDERSON, Plaintiff,
v.
UNITED STATES DEPARTMENT OF AGRICULTURE, ILLINOIS DEPARTMENT OF AGRICULTURE and FARM SERVICES AGENCY, Defendants.

MEMORANDUM AND ORDER

J. PHIL GILBERT, District Judge.

This matter comes before the Court for case management purposes. The Court notes that the Clerk of Court entered default against the United States Department of Agriculture ("USDA") on October 28, 2013 (Doc. 20). On further review, it appears that plaintiff Mark Anderson did not serve the USDA in the manner required under Federal Rule of Civil Procedure 4(i)(2) and therefore is not entitled to entry of default. Accordingly, the Court VACATES the entry of default against the USDA (Doc. 20) and DENIES Anderson's request for entry of default against the USDA (Doc. 18). The Court further DENIES the motion for default judgment (Doc. 18) for failure to serve the motion for default judgment as required by SDIL Local Rule 55.1(b) and for failure to obtain entry of default. The Court reminds Anderson that he has 120 days from the date the complaint was filed to effect service on the defendants. See Fed.R.Civ.P. 4(m).

IT IS SO ORDERED.


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