# Brown

> District Court, S.D. Illinois · May 19, 2026

URL: https://www.frixlaw.com/law-library/cases/11339067

## Case

- **Full name:** Patrick Ivan Brown v. Tara McCoy
- **Court:** District Court, S.D. Illinois
- **Decided:** May 19, 2026
- **Opinion:** 100trialcourt
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/11339067

## How later opinions describe it (automated extraction)

- 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.”

## Opinion text

THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS

PATRICK IVAN BROWN,

Plaintiff,
Case No. 3:25-cv-00962-GCS
v.

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
Sint ©. Ddne Date: 2026.05.19
14:39:59 -05'00'
GILBERT C. SISON
United States Magistrate Judge

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/11339067. Public record. Not legal advice.