TWIN PEAKS DISTRIBUTING,INC. v. NEW EDGE INTERNATIONAL,LLC et al

Filing 18

ORDER denying 10 Motion for Default Judgment ; granting in part and denying in part 13 Motion to Dismiss ; granting 13 Motion to Vacate. Deft shall file a responsive pleading by 9/16/14. Signed by Judge Stanley R. Chesler on 9/3/14. (sr, )

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UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY ____________________________________ : TWIN PEAKS DISTRIBUTING, INC., : : Plaintiff, : Civil Action No. 14-1290 (SRC) : v. : : ORDER NEW EDGE INTERNATIONAL, : LLC et al., : : Defendants. : ____________________________________: CHESLER, U.S.D.J. This matter comes before the Court on Plaintiff’s motion for default judgment and the cross-motion by Defendants New Edge International, LLC and Artem Ionitsa (collectively, “Defendants”) to dismiss the Complaint and to vacate the entry of default. The Court held oral argument on August 2, 2014. For the reasons stated on the record of oral argument on August 2, 2014, IT IS on this 3rd day of September, 2014, ORDERED that Plaintiff’s motion for default judgment (Docket Entry No. 10) is DENIED; and it is further ORDERED that Defendants’ motion (Docket Entry No. 13) is DENIED in part and GRANTED in part; and it is further ORDERED that Defendant’s motion to dismiss the Complaint is DENIED; and it is further ORDERED that Defendants’ motion to vacate the entry of default is GRANTED, and the entry of default entered on May 30, 2014 against Defendants New Edge International, LLC and Artem Ionitsa is hereby VACATED; and it is further ORDERED that Defendant’s motion for sanctions and fees is DENIED; and it is further ORDERED that Defendant shall filed a responsive pleading by September 16, 2014. s/ Stanley R. Chesler Stanley R. Chesler, U.S.D.J. 2

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