Amring Pharmaceuticals Inc. v. UPS-Supply Chain Solutions, Inc. et al
MEMORANDUM OPINION AND ORDER signed by Senior Judge Thomas B. Russell on 11/28/17; dismissing 14 Motion for Entry of Default: Plaintiff has leave to refile this Motion with the appropriate Service of Process page filled in. cc: Counsel(DJT)
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF KENTUCKY
CIVIL ACTION NO. 3:17-CV-190-TBR
AMRING PHARMACEUTICALS, INC.,
UPS-SUPPLY CHAIN SOLUTIONS, INC.
MID-AMERICAN SPECIALIZED TRANSPORT
EDIN TRANSFER, INC.
CKR TRANSPORT LTD.
MEMORANDUM OPINION AND ORDER
This matter comes before the Court upon Plaintiff Amring Pharmaceuticals’ (“Plaintiff”)
Motion for Entry of Default against Defendant Edin Transfer, Inc. (“Edin”) pursuant to Federal
Rule of Civil Procedure 55. [DN 14.] In support of this, Plaintiff has attached to the instant
Motion the Summons for Edin, as well as a Proof of Service page and tracking information
purportedly relating to the Summons and Complaint. [See DN 14-1, DN 14-2.] However, the
Proof of Service page remains blank. Federal Rule of Civil Procedure 4(l)(1) provides that
“[u]nless service is waived, proof of service must be made to the court. Except for service by a
United States marshal or deputy marshal, proof must be by the server’s affidavit.” There is no
filled-in affidavit attached to the instant Motion and for that reason, IT IS HEREBY
ORDERED that Plaintiff’s Motion for Entry of Default is DISMISSED without prejudice.
Plaintiff has leave to refile this Motion with the appropriate Service of Process page filled in.
IT IS SO ORDERED.
November 28, 2017
Counsel of Record
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?