SUPER 8 WORLDWIDE, INC. v. AVM ENTERPRISES, LLC et al

Filing 11

OPINION and ORDER denying 8 Motion for Default Judgment. Signed by Judge Katharine S. Hayden on 9/30/14. (rg, )

Not for Publication
United States District Court
for the District of New Jersey

SUPER 8 WORLDWIDE, INC.,
Plaintiff,
v.
AVM ENTERPRISES, LLC, ASHESH PATEL,
VIJAY PATEL, and MINESH PATEL,

Civil No.: 13-4482 (KSH)

Opinion and Order

Defendants.

Katharine S. Hayden, U.S.D.J.
This matter comes before the Court upon plaintiff Super 8 Worldwide, Inc.’s (“Super 8”)
motion for entry of default judgment [D.E. 8] against defendants AVM Enterprises, LLC,
Ashesh Patel, Vijay Patel and Minesh Patel (“Defendants”). The Court notes as follows:
•

•

•

Default was entered against Defendants for failure to plead or otherwise defend on
November 18, 2013 and Super 8 moved for entry of final judgment by default on January
28, 2014;
Super 8’s submission on the motion failed to adequately describe its efforts in serving
Defendants via certified and ordinary mail, and the Court thereafter ordered Super 8 to
file “documentation in support of their affidavits of diligence as to the attempted service
upon the defaulting defendants, including return receipts, certified mail receipts, and/or
any other relevant proofs.” [D.E. 9];
Super 8’s supplemental certification and annexed exhibits, filed with the Court on March
25, 2014 [D.E. 10], were similarly deficient.

Based on the foregoing, the Court denies the motion for entry of default judgment [D.E.
8] as deficient without prejudice to re-filing with the proper documentation.

SO ORDERED this 30th day of September, 2014.
/s/ Katharine S. Hayden
Katharine S. Hayden, U.S.D.J.