ASPHALT PAVING SYSTEMS, INC. v. GENERAL COMBUSTION CORPORATION

Filing 27

ORDERED that Detfs' 21 Motion to Set Aside Default is GRANTED to the extent it seeks to set aside the 4/7/2014 entry of default and DENIED WITHOUT PREJUDICE to the extent that Defts seek to dismiss Pltf's Amended Complaint, etc.; ORDERED that Pltf shall effectuate proper service of process upon Defts within 30 days; ORDERED that Pltf's 22 Motion for Default Judgment is DISMISSED AS MOOT, etc. Signed by Chief Judge Jerome B. Simandle on 9/30/2014. (dmr)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW JERSEY

ASPHALT PAVING SYSTEMS, INC.,
Plaintiff,

HONORABLE JEROME B. SIMANDLE
Civil Action
Civil No. 13-7318 (JBS/KMW)

v.
ORDER

GENERAL COMBUSTION
CORPORATION, et al,
Defendants.

This matter having come before the Court by way of
Defendants Gencor Industries, Inc.’s, General Combustion
Corporation’s, and Equipment Services Group, Inc.’s motion to
vacate default and to dismiss Plaintiff’s Amended Complaint
[Docket Item 21]; and by way of Plaintiff Asphalt Paving System,
Inc.’s motion for default judgment with respect to all
Defendants [Docket Item 22]; and the Court having considered the
submissions of the parties; and for the reasons explained in the
Memorandum Opinion of today’s date; and for good cause shown;
IT IS this

30th

day of

September

, 2014, hereby

ORDERED that Defendants’ motion [Docket Item 21] shall be,
and hereby is, GRANTED to the extent it seeks to set aside the
April 7, 2014 entry of default; and DENIED WITHOUT PREJUDICE to
the extent that Defendants seek to dismiss Plaintiff’s Amended
Complaint; and it is further

ORDERED that the Clerk of Court shall set aside the April
7, 2014 entry of Default; and it is further
ORDERED that the Service of Process allegedly effectuated
upon Defendants shall be, and hereby is, quashed; and it is
further
ORDERED that Plaintiff shall effectuate proper service of
process upon Defendants within thirty (30) days from entry of
this Order; and it is further
ORDERED that Plaintiff’s motion for default judgment
[Docket Item 22] shall be, and hereby is, DISMISSED AS MOOT; and
it is further
ORDERED that Thomas M. Reardon III, Esquire shall enter an
appearance on behalf of Equipment Services Group, Inc., or file
a letter stating the nature of his representation, within seven
(7) days of entry of this Order.

s/ Jerome B. Simandle
JEROME B. SIMANDLE
Chief U.S. District Judge

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