Brown

stating that “[t]here are two stages in a default proceeding: the establishment of the default, and the actual entry of a default judgment. Once the default is established, and thus liability, the plaintiff still must establish his entitlement to the relief he seeks.”

How later courts described this case

stating that “[t]here are two stages in a default proceeding: the establishment of the default, and the actual entry of a default judgment. Once the default is established, and thus liability, the plaintiff still must establish his entitlement to the relief he seeks.”
reviewing whether there was a “rational connection” between the evidence and the compensatory damage award for pain and suffering

Written by the judges who cited it.

The opinion

THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF ILLINOIS

PATRICK IVAN BROWN,

Plaintiff,

Case No. 3:25-cv-00962-GCS

TARA MCCOY,

Defendant.

MEMORANDUM & ORDER

SISON, Magistrate Judge:

This matter is before the Court for case management purposes. Defendant Tara

McCoy returned an executed waiver of service of summons on January 7, 2026, and her

answer was due January 30, 2026. (Doc. 13). Defendant missed the deadline for filing a

responsive pleading to the Complaint. On February 11, 2026, the Court sua sponte granted

Defendant additional time. (Doc. 15). As of this date, Defendant has failed to move,

answer, or otherwise plead in response to the Complaint.

On March 17, 2026, Plaintiff filed a motion for default judgment. (Doc. 16). In the

motion, Plaintiff asks the Court to enter judgment in his favor and award him a total of

$600,000 for pain and suffering and punitive damages. Id. Then on April 14, 2026, Plaintiff

filed a motion asking the Clerk of Court to enter default pursuant to Federal Rule of Civil

Procedure 55(a). (Doc. 17). He again requests $600,000 in damages. Id.

The Motion for Default Judgment is DENIED. (Doc. 16). The motion was filed

prematurely, prior to the Clerk of Court entering default pursuant to Federal Rule of Civil

Procedure 55(a). Only after default has been entered pursuant to Rule 55(a) against a

party is default judgment under Rule 55(b) appropriate. See, e.g., In re Catt, 368 F.3d 789,

793 (7th Cir. 2004) (stating that “[t]here are two stages in a default proceeding: the

establishment of the default, and the actual entry of a default judgment. Once the default

is established, and thus liability, the plaintiff still must establish his entitlement to the

relief he seeks.”). The Court further notes that Plaintiff is not requesting damages “for a

sum certain,” and he has failed to produce any evidence on damages caused by

Defendant McCoy’s conduct and the grounds for “obtaining an award of punitive

damages.” Id. See also Hendrickson v. Cooper, 589 F.3d 887, 892 (7th Cir. 2009) (reviewing

whether there was a “rational connection” between the evidence and the compensatory

damage award for pain and suffering).

The motion seeking entry of default is GRANTED. (Doc. 17). The Federal Rules of

Civil Procedure provide that the Clerk of Court must enter default against a defendant

who has failed to plead or otherwise defend. See FED. R. CIV. PROC. 55(a). Accordingly,

the Court ORDERS the Clerk of Court to ENTER DEFAULT against Defendant McCoy

in accordance with Federal Rule of Civil Procedure 55(a). The Clerk of Court is

DIRECTED to transmit a copy of this Order and the entry of default to Plaintiff and to

Defendant McCoy. The Clerk shall also provide a copy of this Order to Assistant Attorney

Generals Lisa Cook and Christine McClimans, as Defendant McCoy is represented by the

Illinois Attorney General’s Office in Denzell v. McCoy, Case No. 25-cv-00185-SPM (S.D.

Ill.), which is also being litigated in this district.

IT IS SO ORDERED.

Digitally signed by

DATED: May 19, 2026. - . Judge Sison

14:39:59 -05'00'

GILBERT C. SISON

United States Magistrate Judge

Page 3 of 3