Steelman Partners, LLP et al v. Sanum Investments Limited et al

Filing 43

ORDER denying 40 Motion for Entry of Clerks Default. Plaintiff has thirty (30) days to cure the deficiency with respect to service of process on FKV. Failure to do so will result in dismissal of FKV for failure to timely file proof of service of process pursuant to Federal Rule of Civil Procedure 4(m). Signed by Judge Miranda M. Du on 7/16/2014. (Copies have been distributed pursuant to the NEF - DKJ)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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STEELMAN PARTNERS, LLP, et al.,

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Plaintiff,

Case No. 2:12-cv-00198-MMD-CWH
ORDER

v.
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SANUM INVESTMENTS, LTD, et al.,
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Defendants.
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Before the Court is Plaintiff’s Application for Entry of Default on Defendant Fong

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Keng Van Property Investment Company (dkt. no. 40) (“Application”), seeking the

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Clerks’ entry of default against the sole remaining defendant Fong Keng Van Property

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Investment Company Limited (“FKV”). Plaintiff contends that FKV was properly served

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with the Summons and Complaint, and that FKV has failed to appear. Counsel’s

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supporting affidavit refers to the Affidavit of Service as Exhibit 1. (Dkt. no. 40 at 3.) Filed

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separately (dkt. no. 42), Exhibit 1 reproduces the Proof of Service on FKV that Plaintiff

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filed with the Court on June 6, 2012, which shows that the Summons purportedly served

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on FKV was issued to Jade Entertainment Group Ltd., not FKV. (Dkt. no. 42.) The

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Summons does not identify FKV on its face. (Id.) Plaintiff thus has failed to offer

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sufficient proof of service of process on FKV. Plaintiff’s Application is therefore denied.

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Plaintiff has thirty (30) days to cure the deficiency with respect to service of

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process on FKV. Failure to do so will result in dismissal of FKV for failure to timely file

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proof of service of process pursuant to Federal Rule of Civil Procedure 4(m).

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DATED THIS 16th day of July 2014.

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MIRANDA M. DU
UNITED STATES DISTRICT JUDGE