Lu v. Weinberger

Filing 50

ORDER terminating w/out prejudice 45 Motion for Default Judgment; that, if Plaintiff wishes to move immediately for default judgment, Plaintiffshall resubmit his motion without including any claims not alleged in the Complaint; etc. Signed by Judge Madeline C. Arleo on 1/26/15. (DD, )

UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY

GAN SHI LU
Plaintiff,
v.

Civil Action No. 13-1837
ORDER

ANDREW WEINBERGER
Defendant.

THIS MATTER having come before the Court by way of Plaintiff Gan Shi Lu’s Motion
for Default Judgment against Defendant Andrew Weinberger [Dkt. No. 45];
and it appearing that Plaintiff attempts to amend his Complaint in his Motion for Default
Judgment to assert additional claims not mentioned in the Complaint; 1
and it further appearing that pleadings adding new claims against a party must be served
on that party pursuant to Federal Rules of Civil Procedure 5(a)(2) and 4;
and a motion for default judgment not being the appropriate vehicle to add claims not
asserted in the Complaint;
IT IS on this 26th day of January, 2015,
ORDERED that Plaintiff’s Motion for Default Judgment is terminated without prejudice
to refile; and it is further
ORDERED that, if Plaintiff wishes to move immediately for default judgment, Plaintiff
shall resubmit his motion without including any claims not alleged in the Complaint; and it is

1

“Just to updating on the claims Plaintiff didn't include the money which Mr.Weinberger borrowed and defendant
asked for cash from Email.” (Dkt. No. 45 at 1; see also Dkt. No. 45-1 at 5-7).

further
ORDERED that, if Plaintiff moves to amend his Complaint to add another cause of action,
(1) Plaintiff must file the Amended Complaint with the Court and send a copy to Defendant’s last
known address and (2) Defendant’s Answer will be due 21 days from the date of electronic filing
of the Amended Complaint.

s/ Madeline Cox Arleo
Hon. Madeline Cox Arleo
UNITED STATES DISTRICT JUDGE