Harvey v. Golden Dragon Sourcing Ltd., 1:16-CV-171-SA-DAS. (2018)
Court: District Court, N.D. Mississippi
Number: infdco20181128d55
Visitors: 2
Filed: Nov. 27, 2018
Latest Update: Nov. 27, 2018
Summary: DEFAULT JUDGMENT SHARION AYCOCK , District Judge . Tonia Harvey filed this case seeking damages from the manufacturer, sellers, and importers of a pressure cooker that she alleges exploded and injured her. According to the allegations in the Plaintiff's Third Amended Complaint [73], Defendant Guangdong Kisense, Co., LTD is a Chinese corporation with its principal place of business in Guangdong, China. The Plaintiff has made several attempts to serve Guangdong Kisense with process pursuant
Summary: DEFAULT JUDGMENT SHARION AYCOCK , District Judge . Tonia Harvey filed this case seeking damages from the manufacturer, sellers, and importers of a pressure cooker that she alleges exploded and injured her. According to the allegations in the Plaintiff's Third Amended Complaint [73], Defendant Guangdong Kisense, Co., LTD is a Chinese corporation with its principal place of business in Guangdong, China. The Plaintiff has made several attempts to serve Guangdong Kisense with process pursuant t..
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DEFAULT JUDGMENT
SHARION AYCOCK, District Judge.
Tonia Harvey filed this case seeking damages from the manufacturer, sellers, and importers of a pressure cooker that she alleges exploded and injured her. According to the allegations in the Plaintiff's Third Amended Complaint [73], Defendant Guangdong Kisense, Co., LTD is a Chinese corporation with its principal place of business in Guangdong, China.
The Plaintiff has made several attempts to serve Guangdong Kisense with process pursuant to the Federal Rules of Civil Procedure and the Hague Convention. These attempts at service have been unsuccessful. The Plaintiff now seeks a default judgment against Guangdong Kisense arguing that she is entitled to a default judgment because all reasonable attempts at service have been made, and all of the requirements of Article 15 of the Hague Convention have been met. See Motion [79]. The Court agrees. The pleadings in this case were transmitted by international courier by method provided for in the Convention, more than six months have elapsed, no certificate has been received, and it appears from the record that every reasonable effort to obtain such a certificate has been made.
For all of these reasons, the Court finds and makes an entry of DEFAULT against Defendant Guangdong Kisense Co., LTD. The Court also enters a DEFAULT JUDGMENT against Defendant Guangdong Kisense Co., LTD in the Plaintiff's favor.
SO ORDERED.
Source: Leagle
