JNK Holding LLC v. Sesame CZ, LLC

Filing 12

Judge Indira Talwani: ORDER entered. re 10 MOTION for Default Judgment, and 6 MOTION for Entry of Default Against Defendant, Sesame CZ, LLC, d/b/a ROKA filed by JNK Holding LLC See attached Order. (MacDonald, Gail)

UNITED STATES DISTRICT COURT
DISTRICT OF MASSACHUSETTS
JNK HOLDING LLC
Plaintiff,
v.
SESAME CZ, LLC, D/B/A ROKA
Defendant.

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Civil Action No. 15-cv-10591-IT

ORDER
May 7, 2015
TALWANI, D.J.
Before the court is Plaintiff JNK Holdings LLC’s Motion for a Default Judgment [#10].
The Motion for a Default Judgment was filed after entry of default on April 8, 2015, and
accordingly, service on Defendant was not required under the rules. See Federal Rule of Civil
Procedure 5(b) (“No service is required on a party who is in default for failing to appear.”).
Prior to filing the instant motion, Plaintiff moved the court for entry of default against Defendant
Sesame CZ, LLC, D/B/A/ Roka. Motion for Default [#6]. Because the Motion for Default was
filed prior to entry of default, Plaintiff should have served it on Defendant and should have filed
a certificate of service. Fed. R. Civ. P. 5(a)(1)(D), (d). Review of the docket shows no such
certificate of service. Accordingly, to avoid any potential prejudice, Plaintiff is directed serve in
accordance with Federal Rule of Civil Procedure 5(b) both the Motion for Default [#6] and the
Motion for a Default Judgment [#10] and to file a certificate of service.
IT IS SO ORDERED.
/s/ Indira Talwani
United States District Judge