MAURER v. ROUTE 38 CENTER ASSOCIATES, LLC

Filing 15

ORDER vacating the Clerk's Entry of Default entered on 3/21/2017; ORDERED that 8 Motion for Default Judgment is DISMISSED AS MOO, etc. Signed by Judge Renee Marie Bumb on 5/4/2017. (dmr)

[Docket Nos. 8, 14]
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW JERSEY
CAMDEN VICINAGE

DENNIS MAURER,
Plaintiff,

Civil No. 16-6048 (RMB/KMW)
ORDER

v.
ROUTE 38 CENTER ASSOCIATES,
LLC,
Defendant.

THIS MATTER comes before the Court upon its Order to Show
Cause [Docket No. 13], dated April 24, 2017, and Plaintiff’s
Response thereto [Docket No. 14], dated May 1, 2017.

In his

Response, Plaintiff concedes that the entry of default should be
vacated.

Inexplicably, however, Plaintiff does not move to

withdraw his pending Motion for Default Judgment [Docket 8].
Moreover, in his Response, again, inexplicably, Plaintiff seeks
to amend the Complaint against, inter alia, the existing named
Defendant, Route 38 Center Associates, LLC, even though
Plaintiff has learned that the company was dissolved about ten
years ago.

Response ¶ 6 [Docket No. 14].

ACCORDINGLY, IT IS HEREBY, on this 4th day of May 2017,
ORDERED that the Clerk’s Entry of Default as to Defendant
Route 38 Center Associates, LLC, entered on March 21, 2017, is
VACATED; and it is further

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ORDERED that Plaintiff’s Motion for Default Judgment
[Docket No. 8] is DISMISSED AS MOOT; and it is further
ORDERED that, in the event Plaintiff seeks to amend his
Complaint, he shall do so in accordance with the Federal Rules
of Civil Procedure.
s/Renée Marie Bumb
RENÉE MARIE BUMB
UNITED STATES DISTRICT JUDGE

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