Opinion
No.: 3-10-cv-00242-DRH-CJP.
December 2, 2010
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). 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.
There are two stages in a default proceeding — the establishment of the default itself, followed by the entry of a default judgment. See In re Catt, 368 F.3d 789, 793 (7th Cir. 2004).