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Mid Central Operating Engineers Health and Welfare Fund v. Kelley and May Dirtworks, Inc.

United States District Court, C.D. Illinois, Peoria Division

February 3, 2014

MID CENTRAL OPERATING ENGINEERS HEALTH AND WELFARE FUND, Plaintiff,
v.
KELLEY AND MAY DIRTWORKS, INC., Defendant.

ORDER & OPINION

JOE BILLY McDADE, Senior District Judge.

This matter is before the Court on Plaintiff's Motion for Default (Doc. 17), [1] in which Plaintiff asks the Court to enter Defendant's default on Plaintiff's Amended Complaint for failure to appear in this action. Plaintiff filed its Amended Complaint (Doc. 14) on September 16, 2013. Defendant was served by mail with this amended pleading on October 1, 2013.

Pursuant to Federal Rule of Civil Procedure 12(a)(1)(A), Defendant had twenty-one days from the date of service to file an answer or other responsive pleading. It failed to do so.[2] Thus, Defendant is in default. Plaintiff may proceed by seeking default judgment against Defendant. If Plaintiff has any doubts about the documentation it must submit when moving for default judgment, it should review this Court's Orders on Plaintiff's previous default judgment motions. (Docs. 10, 13).

Accordingly, Plaintiff's Motion for Default (Doc. 17) is GRANTED, and the Clerk is DIRECTED to ENTER DEFAULT against Defendant Kelley and May Dirtworks, Inc. Plaintiff SHALL make the appropriate request for entry of a default judgment pursuant to Rule 55(b) of the Federal Rules of Civil Procedure within twenty-eight days of the entry of this Order of Default. IT IS SO ORDERED.


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