SUPER 8 WORLDWIDE, INC. v. AVM ENTERPRISES, LLC, 13-4482 (KSH). (2014)
Court: District Court, D. New Jersey
Number: infdco20141006c26
Visitors: 16
Filed: Sep. 30, 2014
Latest Update: Sep. 30, 2014
Summary: Opinion and Order KATHARINE S. HAYDEN, District Judge. This matter comes before the Court upon plaintiff Super 8 Worldwide, Inc.'s ("Super 8") motion for entry of default judgment [D.E. 8] against defendants AVM Enterprises, LLC, Ashesh Patel, Vijay Patel and Minesh Patel ("Defendants"). The Court notes as follows: • Default was entered against Defendants for failure to plead or otherwise defend on November 18, 2013 and Super 8 moved for entry of final judgment by default on January 28, 2014;
Summary: Opinion and Order KATHARINE S. HAYDEN, District Judge. This matter comes before the Court upon plaintiff Super 8 Worldwide, Inc.'s ("Super 8") motion for entry of default judgment [D.E. 8] against defendants AVM Enterprises, LLC, Ashesh Patel, Vijay Patel and Minesh Patel ("Defendants"). The Court notes as follows: • Default was entered against Defendants for failure to plead or otherwise defend on November 18, 2013 and Super 8 moved for entry of final judgment by default on January 28, 2014; ..
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Opinion and Order
KATHARINE S. HAYDEN, District Judge.
This matter comes before the Court upon plaintiff Super 8 Worldwide, Inc.'s ("Super 8") motion for entry of default judgment [D.E. 8] against defendants AVM Enterprises, LLC, Ashesh Patel, Vijay Patel and Minesh Patel ("Defendants"). The Court notes as follows:
• Default was entered against Defendants for failure to plead or otherwise defend on November 18, 2013 and Super 8 moved for entry of final judgment by default on January 28, 2014;
• Super 8's submission on the motion failed to adequately describe its efforts in serving Defendants via certified and ordinary mail, and the Court thereafter ordered Super 8 to file "documentation in support of their affidavits of diligence as to the attempted service upon the defaulting defendants, including return receipts, certified mail receipts, and/or any other relevant proofs." [D.E. 9];
• Super 8's supplemental certification and annexed exhibits, filed with the Court on March 25, 2014 [D.E. 10], were similarly deficient.
Based on the foregoing, the Court denies the motion for entry of default judgment [D.E. 8] as deficient without prejudice to re-filing with the proper documentation.
SO ORDERED
Source: Leagle
