Amring Pharmaceuticals Inc. v. UPS-Supply Chain Solutions, Inc. et al

Filing 17

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
AT LOUISVILLE
CIVIL ACTION NO. 3:17-CV-190-TBR
AMRING PHARMACEUTICALS, INC.,

PLAINTIFF

v.
UPS-SUPPLY CHAIN SOLUTIONS, INC.
and
MID-AMERICAN SPECIALIZED TRANSPORT
and
EDIN TRANSFER, INC.
and
CKR TRANSPORT LTD.

DEFENDANTS

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

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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

cc:

Counsel of Record

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