MARTUCCI v. GONZALEZ et al

Filing 13

OPINION AND ORDER granting 11 Defendant's Motion to Vacate, etc. Signed by Judge William J. Martini on 11/19/14. (gh, )

NOT FOR PUBLICATION
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW JERSEY

Docket No.: 14-cv-3267-WJMMF

WILLIAM MARTUCCI,
Plaintiff,
v.

OPINION & ORDER

GERARDO GONZALEZ, YAMEL
GONZALEZ a/k/a YAMEL MARTUCCI
GONZALEZ, AND JOHN AND JANE
DOES,
Defendants.
WILLIAM J. MARTINI, U.S.D.J.:
This matter comes before the court upon Defendants’ motion to vacate default
and Plaintiff’s cross-motion for default judgment. For the reasons set forth below,
Defendants’ motion is granted, and Plaintiff’s cross-motion is denied.
I.

BACKGROUND

On September 15, 2014, this Court issued an Order and Opinion on Plaintiff’s
previous motion for default judgment and Defendants’ previous cross-motion to
vacate default. The relevant factual background and legal standards are written in
that Opinion, so we need not repeat them here. The Order denied both motion and
cross-motion. In that Opinion, the Court stated that
[Defendants’] briefing contains the germs of meritorious defenses, but
it lacks any firm factual denials or legal defenses. Moreover,
Defendants failed to attach an Answer to the Complaint, as Local Civil

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Rule 7.1 requires. The court will deny the [Defendants’] motion [to
vacate default] due to the procedural and substantive infirmities in
Defendants’ motion. Denial is without prejudice. The Defendants may
file another motion that presents a well-stated meritorious defense and
attaches a proposed Answer to the Complaint within 30 days of the
order.
(ECF No. 9).
Within 30 days of the order, Defendants filed an Answer and a new motion to
vacate default. This motion contains meritorious defenses. For example, the
Defendants claim that Plaintiff has no proof of damages. Finding good cause to
vacate default,
IT IS on this 19th day of November 2014 hereby
ORDRED that Defendants’ motion to vacate default is hereby GRANTED;
and it is further
ORDERED that Plaintiff’s motion to enter default judgment is hereby
DENIED.
/s/ William J. Martini
_____________________________
WILLIAM J. MARTINI, U.S.D.J.

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