Federal Trade Commission v Sili Neutraceuticals

Ruling on Motion for Default

This docket entry was made by the Clerk on Tuesday, January 8, 2008:

MINUTE entry before Judge David H. Coar : Motion hearing held on 1/8/2008 regarding motion for entry of default, [38. MOTION by Plaintiff Federal Trade Commission for entry of default against Defendants Sili Neutraceuticals, LLC and Brian McDaid [38] is granted − signature order to follow from movant. Prove−up default In Court hearing set for 1/23/2008 at 09:00 AM. Mailed notice

Motion for Entry of Default

This is not really your standard, run-of-the-mill motion for entry of default. This is more of a motion for "death penalty sanctions". That is, to strike the answer and enter a default judgment as though no answer had ever been issued in the case.

Let me hasten to add that that's not precisely the request here. This is just a motion for default. There's no request to strike the answer. But, this is a form of sanctions nonetheless. The Defendants were ordered to produce certain paperwork by a given date and they refused. The penalty for that refusal is the entry of default.

Motion to Strike Jury Demand

UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION

FEDERAL TRADE COMMISSION,
Plaintiff,

v.

SILI NEUTRACEUTICALS, LLC, and
BRIAN MCDAID, individually and doing
business as KAYCON LTD,
Defendants.

FTC’S MOTION TO STRIKE JURY DEMAND

Plaintiff Federal Trade Commission (“FTC”), by undersigned counsel, moves the Court, pursuant to Fed. R. Civ. P. 12(f) and Fed. R. Civ. P. 39(a)(2), to strike the jury demand contained in Defendants’ Answer.1 In support of its motion, the FTC states:

Defendants' Answer

Sili and McDaid apparently belong to the group that believes in "better late than never". According to the Docket, this filing was due on September 4. That would make it fifty-five days late. You might think that in that time period they might have proof-read this document, but alas, no. All spelling, numbering, and grammatical mistakes herein are also to be found in the original document.

Stipulated Preliminary Injunction

UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION

FEDERAL TRADE COMMISSION,
Plaintiff,

v.

SILl NEUTRACEUTICALS, LLC, and
BRIAN MCDAID, individually and doing
business as KAYCON LTD,
Defendants.

STIPULATED PRELlMINARY INJUNCTION ORDER WITH ASSET FREEZE AND OTHER EQUITABLE RELIEF

ANSWER Due

09/04/2007 - 00:00
09/04/2007 - 23:59
US/Central

SUMMONS Returned Executed by Federal Trade Commission as to Brian McDaid on 8/14/2007, answer due 9/4/2007

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