Conclusion
For the reasons set forth above, plaintiff’s motion for default judgment [doc. no. 11-1] is
granted in part and denied in part. The motion is granted as to defendants Lenwood Cherry,
William Smith, Elijah Singleton, Warehouse Lounge, and Players Lounge, and the motion is
denied as to defendant Dakota’s Lounge. Plaintiff shall contact the courtroom deputy within ten
days of the date of this memorandum opinion and order to schedule a prove up hearing as to the

defaulted defendants.

SO ORDERED ENTERED: 3f of oe

peaddd tl Boye

HON. RONALD f GUZMAN Wi
United States Judge



In this case, defendants are businesses or individual owners or shareholders of the
respective businesses. Defendants Lenwood Cherry, William Smith, and Elijah Singleton were
personally served in accordance with Rule 4(e)(2) and 735 ILL. Comp. STAT. 5/2-203(1). (See
Pl.’s Aff. Supp. Mot. Default J., Ex. A at 2 (Cherry); id., Ex. C at 2 (Smith); id, Ex. E at 2
(Singleton).) Defendant Warehouse Lounge was properly served by leaving a copy of the
summons with the managing agent in accordance with 735 ILL. Comp. STAT. 5/2-204. (See id.,
Ex. E at 4.) Player’s Lounge was properly served by U.S. mail, return receipt requested and
received, in accordance with 735 ILL. Comp. STAT. 5/2-204. (See Return of Service re: Player’s
Lounge of 8/29/01 [doc. no. 17].). Thus, the district court properly has personal jurisdiction over
these defendants. Since these defendants have not answered, defended, or otherwise appeared
within the 20 day time period, see Fep. R. Civ. P. 12(a)(1)(A), default judgment against them is
proper. FED. R. Civ. P. 55(a).

However, default judgment is not proper as to defendant Dakota’s Lounge because it
appears that this defendant was not properly served. According to the declaration of the process
server on the return of service, the address of Dakota’s Lounge is now occupied by a business
with the name New Dating Game. (See P1.’s Aff. Supp. Mot. Default J., Ex. B at 2.) Cf United
Bank of Loves Park v, Dohm, 115 Il. App. 3d 286, 287, 450 N.E.2d 974, 975 (2nd Dist. 1983)
(“The certificate of the officer or affidavit of the person that he or she has sent the copy in
pursuance of this Section is evidence that he or she has done so.”). Therefore, the Court finds
that plaintiff has yet to show that it effectively served Dakota’s Lounge in order to comply with
Feb. R. Civ. P. 4(h)(1) and 735 ILL. Comp. STAT. 5/2-204. Thus, the motion for default

judgment is denied as to defendant Dakota’s Lounge.


ee]

+ Minute Order Form (06/97)
7

“

United States District Court, Northern District of Illinois

Nate of Assigned Judge Sitting Judge if Other
or Magistrate Judge Ronald A. Guzman than Assigned Judge
CASE NUMBER 01 C 3139 DATE 3/4/2002
CASE JOE HAND PROMOTIONS, INC. vs. LENWOOD CHERRY, et al
TITLE
[In the following box (a) indicate the party filing the motion, e.g., plaintiff, defendant, 3rd party plaintiff, and (b) state briefly the nature
MOTION: of the motion being presented.]
DOCKET ENTRY:
(1) o Filed motion of [ use listing in “Motion” box above.]
(2) oa Brief in support of motion due
(3) oO Answer brief to motion due. . Reply to answer brief due
(4) Oo Ruling/Hearing on set for
(5) im} Status hearing[held/continued to] [set for/re-set for] on set for at
(6) Oo Pretrial conference[held/continued to] [set for/re-set for] on set for at :
(7) oO Trial[set for/re-set for] on at
(8) ao {Bench/Jury trial] [Hearing] held/continued to at
(9) oO This case is dismissed [with/without] prejudice and without costs[by/agreement/pursuant to]
OFRCP4(m) (General Rule 21 CIFRCP41(a)(1) ] FRCP41(a)(2).
ao (Other docket entry] | Enter memorandum opinion and order. Plaintiff's motion for default
judgment [11-1] is granted in part and denied in part. The motion is granted as to defendants Lenwood
Cherry, William Smith, Elijah Singleton, Warehouse Lounge, and Players Lounge, and the motion is
denied as to defendant Dakota’s Lounge. Plaintiff shall contact the courtroom deputy within ten days of
the date of this memorandum opinion and order to schedule a prove up hearing as to the defaulted
defendants.
(il) [For further detail see order attached to the original minute order.]
No notices required, advised in open court.
No notices required, umber of notices
Notices mailed by judge’s staff. 3 & 0 a.
Notified counsel by telephone. late docketed
VY | Docketing to mail notices.
Mail AO 450 form.
Copy to judge/magistrate judge.
courtroom
CG deputy's
‘nniek
mas = <“Date/time received in
central Clerk’s Office mating deputy inials



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

JOE HAND PROMOTIONS, INC,
Plaintiff,

ve

LENWOOD CHERRY, individually and as an
officer, director, shareholder and/or a
principal of CHERRY’S LOUNGE, LTD.,
DERRICK STEPHENS and CHANDLER
STEPHENS, individually and as officers,
directors, shareholders and/or principals of
NEW 408 CLUB, DAKOTA’S LOUNGE,
JUDY M. SMITH, individually and as an
director, shareholder and/or principal of

MR. BILL’S PLACE, INC., WILLIAM F.
SMITH, individually and as an officer, director,
shareholder and/or a principal of THE NEW
RAVEN PLACE, INC., PLAYER’S LOUNGE,
KRISTINA PATTERSON, individually and as
an officer, director, shareholder and/or a
principal of RED PEPPER’S LOUNGE, INC.,
ELIJAH SINGLETON, individually and as an
officer, director, shareholder and/or a principal

of SINGLETON CORP.,

Defendants.

eee SS SS SS Se SS Se Se weer

01 C3139

Judge Ronald A. Guzman

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8 002

aro

MEMORANDUM OPINION AND ORDER

Plaintiff Joe Hand Promotions has moved pursuant to Federal Rule of Civil Procedure

(“Rule”) 55(a) for default judgment against certain defendants in this case: Lenwood Cherry,

individually, and as an officer, director, shareholder and/or principal of Cherry’s Lounge, Ltd.

d/b/a Cherry’s Cocktail, a/k/a Cherry’s, Dakota’s Lounge; William F. Smith, individually, and as

an officer, director, shareholder and/or principal of The New Raven’s Place, Inc. d/b/a New

A\


Raven’s Place, a/k/a The New Ravens Lounge, Player’s Lounge a/k/a Player’s Club Lounge;
Elijah Singleton, individually, and as an officer, director, shareholder and/or principal of
Singleton Corp. d/b/a Warehouse Lounge a/k/a Warehouse Bar a/k/a The Warehouse. For the

reasons stated below, plaintiff's motion is granted in part and denied in part.

Discussion

Plaintiff Joe Hand Promotions, Inc. alleges that defendants violated 47 U.S.C. §§ 605(a),
605(e)(4) by unlawfully intercepting and exhibiting the Tyson/Francis boxing match on January
29, 2000. Plaintiff also alleges that defendants violated 47 U.S.C. § 553 by intercepting,
receiving, and exhibiting the cable television licensed program.

Default judgment is appropriate when “a party against whom a judgment for affirmative
relief is sought has failed to plead or otherwise defend as provided by these rules.” FED. R. Civ.
P. 55(a). The district court must also have personal jurisdiction over defendants in order for a
default judgment to be proper. Santino v. Slodki, No. 96 C 3762, 1997 WL 201602, at *3 (N.D.
IU. Apr. 18, 1997). A court has jurisdiction over defendants who have been properly served with
process. Jd. Rule 4(e) states that service of process may be effected according to the service of
process rules for the state where the district court sits. FED. R. CIv. P. 4(e). In Illinois, service of
process on individuals must be effected by personally leaving a copy of the summons with the
defendant, or leaving a copy at the defendant’s usual abode. 735 ILL. Comp. STAT. 5/2-203(1),
(2). Corporations may be served by leaving a copy of the process with any officer or agent of the
corporation within the state, or by mail. 735 ILL. Comp. STAT. 5/2-204; see also Sarro v. Illinois

Mut. Fire Ins. Co., 34 Ul. App. 2d 270, 274, 181 N.E.2d 187, 189 (2nd Dist. 1962).