RAMADA WORLDWIDE INC. v. SHRIJI KRUPA, LLC et al

Filing 40

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 39 Report and Recommendations, granting 35 Motion to Vacate Default Judgment, filed by MITESH PATEL; that the motion to dismiss the complaint pursuant to Rule 12(b)(5) is DENIED; that the alleged service upon defendant is hereby quashed. Plaintiff shalleffect proper service upon Patel within sixty (60) days.. Signed by Judge Jose L. Linares on 5/7/13. (DD, )

NOT FOR PUBLICATION

UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY

RAMADA WORLDWIDE, NC.,

Civil Action No.: 07-2726 (JLL)

ORDER

Plaintiff,
V.

SHRIJI KRUPA, LLC., et al.,

Defendants.

This matter comes before the Court by way of a motion by Defendant Mitesh Pate!
(“Defendant” or “Pate!) to vacate default judgment and dismiss the complaint pursuant to Federal
Rule of Civil Procedure l2(b)(5) for insufficient service of process. (CM/ECF No. 35). On
April 15, 2013, Magistrate Judge Michael Hammer issued a Report and Recommendation that
this Court grant Defendant’s motion to vacate default judgment, deny his motion to dismiss the
complaint pursuant to Rule l2(b)(5), quash the alleged service upon him, and allow plaintiff
sixty (60) days to effect proper serve of process upon Pate!. (CM!ECF No. 39). No objections
have been filed thereto and the time to do so has expired. Having reviewed the Report and
Recommendation, and for good cause shown,
IT IS on this

th
7

day of May, 2013,

ORDERED that this Court hereby ADOPTS Judge Hammer’s April 15, 2013 Report and
Recommendation as the findings of fact and conclusions of law of this Court; and it is further
I

ORDERED that Defendant’s motion to vacate default judgment is GRANTED; and it is
further
ORDERED that the motion to dismiss the complaint pursuant to Rule 12(b)(5) is
DENTED; and it is further
ORDERED that the alleged service upon defendant is hereby quashed. Plaintiff shall
effect proper service upon Patel within sixty (60) days.
SO ORDERED.

United States District Judge

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