J & J SPORTS PRODUCTIONS, INC. v. MANUEL et al
Filing
21
ORDER: Accordingly, J&J's Request for Entry of Default, [dkt. 20], is DENIED ***SEE ORDER FOR ADDITIONAL INFORMATION***. Signed by Judge Jane Magnus-Stinson on 1/28/2014. (DW)
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA
INDIANAPOLIS DIVISION
J&J SPORTS PRODUCTIONS, INC.,
Plaintiff,
vs.
GONZALO MANUEL, INDIVIDUALLY AND D/B/A
LA ESTRELLA NIGHT CLUB, AND J A G ENTERPRISES, INC., D/B/A LA ESTRELLA NIGHT
CLUB,
Defendants.
)
)
)
)
)
)
)
)
)
)
1:12-cv-01656-JMS-TAB
ORDER
Presently pending before the Court is Plaintiff J&J Sports Productions, Inc.’s (“J&J”)
Request for Entry of Default against Defendants Gonzalo Manuel, individually and doing business as La Estrella Night Club (“La Estrella”), and J A G Enterprises, Inc., doing business as La
Estrella (“J A G”). [Dkt. 20.]
J&J’s Request for Entry of Default suffers from several issues. First, the Request as to
Mr. Manuel individually is deficient because the affidavit submitted with the Request, [dkt. 201], fails to comply with the requirements of the Servicemembers Civil Relief Act, 50 U.S.C.
Appx. § 521. If J&J does not know Mr. Manuel’s military status, it should consult the website
that the Department of Defense maintains to enable the public to comply with the Act.
Second, the Court cannot discern from the Proof of Service filed by J&J whether Mr.
Manuel was served at his place of residence or at his place of business. The Proof of Service
lists Mr. Manuel’s address as 4010 High School Road, Indianapolis, Indiana 46254, [dkt. 12], but
this is also the address listed in the Complaint for La Estrella, [dkt. 1 at 2, ¶ 7]. It is improper for
J&J to serve Mr. Manuel individually by leaving a copy of the summons and complaint at his
place of business, and the Court notes that J&J has attempted to obtain entries of default against
-1-
individuals based on this improper service method in several other cases. Accordingly, further
attempts to obtain a Clerk’s entry of default against Mr. Manuel must be supported by a proof of
service or affidavit that specifies whether Mr. Manuel was served at his residence, or at La Estrella.
As to service on J A G, the Court again notes that it cannot tell where service took place.
[See dkt. 13 (listing address as 4010 High School Road, Indianapolis, Indiana 46254, but including identical language as in the Proof of Service for Mr. Manuel individually (“I left the summons at the individual’s residence or usual place of abode with…left on front door….”).] If J&J
has served J A G by serving Mr. Manuel at his place of residence, it must provide assurances for
the Court that it has complied with Ind. Trial R. 4.6(B) (“Service [on an organization] shall be
made on the proper person in the manner provided by these rules, for service upon individuals,
but a person seeking service or his attorney shall not knowingly direct service to be made at the
person’s dwelling house or place of abode, unless such is an address furnished under the requirements of a statute or valid agreement, or unless an affidavit on or attached to the summons
states that service in another manner is impractical”).
Accordingly, J&J’s Request for Entry of Default, [dkt. 20], is DENIED.
01/28/2014
_______________________________
Hon. Jane Magnus-Stinson, Judge
United States District Court
Southern District of Indiana
Distribution via ECF to all counsel of record
-2-
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?