Case Information
*1 DUGAN, District Judge:
Plaintiff United States of America filed a complaint against Defendants Joshua W.
Everett, Marie R. Elliott, and the Illinoi
seeking a judgment of foreclosure. (Doc. 1). On August 4, 2021, Plaintiff sent a waiver of service to Everett, who signed it on September 7. (Doc. 5). Plaintiff also filed proofs of service indicating that it served Elliott and IHDA on September 28, 2021. (Docs. 8 & 9). On October 27, 2021, after Defendants failed to appear, Plaintiff moved for entry of default against Defendants. (D fault was made on October 28, 2021 (Doc. 11), and Plaintiff filed a motion for default judgment against Defendants on January 7, 2022. (Doc. 13).
It is a prerequisite for an entry of default that the party against whom the default is entered was served properly. However, it appears that Plaintiff has not properly served Defendant IHDA. Because IHDA is a state agency, Federal Rule of Civil Procedure 4(j)
Case 3:21-cv-00887-DWD Document 14 Filed 02/09/22 Page 2 of 2 Page ID #48 requires Plaintiff to deliver a copy of
executive officer or to follow applicable state law. Illinois state law permits service of a 735 ILCS 5/2-211. Plaintiff filed a signed proof of service that indicates that the United States
ief executive officer, president, clerk, or other officer at IHDA as required by Rule 4(j) and Illinois state law. (Doc. 8). For this reason, the Court SETS ASIDE DENIES without prejudice
Plaintiff shall serve IHDA in a manner consistent with Rule 4(j) by March 11, 2022 . If Plaintiff properly serves IHDA, and IHDA fails to timely answer, Plaintiff may then file a new motion for entry of default.
SO ORDERED.
Dated: February 9, 2022
______________________________ DAVID W. DUGAN United States District Judge 2