This section contains the nature of the case and procedural background.

There was a collision on the Illinois River between the towboat M/V Loree Eckstein and the Barge RMT-304. P is the owner and operator of the towboat M/V Loree Eckstein. There are four defendants. P alleges that three of these defendants were 'the owner and/or operator of Barge RMT-304.' P also alleges all four defendants were 'the operator of the fleet where Barge RMT-304 was moored.' P filed its original complaint on January 4, 2002. It was served on D on April 12. P filed a motion for leave to file a 'second amended complaint,' which added two new defendants. The 'second amended complaint' was entered on June 7. (Docs. 21, 22). D had never answered the original complaint. D has not responded to the 'second amended complaint.' On July 24, P moved that default be entered against D. On July 25, the Clerk entered default. On July 29, P moved for the entry of default judgment. On August 6, attorney Courtney Cox appeared on behalf of D. D moved to vacate the entry of default. D filed a supplemental brief, and P has responded.

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