United States District Court, N.D. Illinois, Eastern Division
P. DiCola of Counsel
MOTION FOR DEFAULT JUDGMENT AGAINST DEFENDANT JOSHUA
ATWATER NOW COMES
L. Alonso Judge
JANE DOE, by and through one of her attorneys, Joseph P.
DiCola, Of Counsel to the Shiller Preyar Law Offices,
pursuant to Federal Rule of Civil Procedure 55(b) and moves
of default against Defendant Joshua Atwater, and in support
thereof states as follows.
May 11, 2017, Plaintiff Jane Doe filed this lawsuit alleging
that Defendant Joshua Atwater, an employee of the Secretary
of State of Illinois, sexually assaulted her while
administering a mandatory driving test. Dkt. 1.
May 23, 2017, Defendant Atwater was served personally at his
home in Chicago. Dkt. 6.To date, Defendant Atwater has not
filed an appearance or answer in this case.
November 12, 2017, Plaintiff filed a motion for entry of
default against Defendant Joshua Atwater pursuant to Federal
Rule of Civil Procedure 55(a). Dkt. 26.
November 21, 2017, this Court granted Plaintiff's motion
to the extent it sought a default order and Defendant Atwater
was found in default. Dkt. 29.
Plaintiff sent Defendant Atwater a copy of her motion for
default via certified mail on November 14, 2017. See Exhibit
A. Defendant Atwater was served with the motion on December
14, 2017. See Exhibit B.
Defendant Atwater has still not appeared, answered, filed a
response to Plaintiff's motion, or contacted the
undersigned. Accordingly, Plaintiff now respectfully moves
this Court for default judgment against Defendant Atwater
pursuant to Rule 55(b).
Federal Rule of Civil Procedure 55(b) provides in relevant
(1) By the Clerk. If the plaintiff's claim is for a sum
certain or a sum that can be made certain by computation, the
clerk--on the plaintiff's request, with an affidavit
showing the amount due--must enter judgment for that amount
and costs against a defendant who has been defaulted for not
appearing and who is neither a minor nor an incompetent
(2) By the Court. In all other cases, the party must apply to
the court for a default judgment.
Default judgment establishes, "as a matter of law, that
defendants are liable to plaintiff on each cause of
action." e360 Insight v. Spamhaus Project, 500
F.3d 594, 602 (7th Cir. 2007). The well-pleaded facts of the
complaint relating to liability are taken as true upon
default. Dundee Cement Co. v. Howard Pipe & Concrete
Prods., Inc., 722 F.2d 1319, 1323 (7th Cir. 1983).
Dundee further instructs that "where liability
is joint and several, the entry of default judgment against
fewer than all defendants in an action is proper,"