Filing 38

ORDER denying 27 Motion for Default Judgment ; adopting 32 Report and Recommendations.. Signed by Judge Madeline C. Arleo on 8/12/2015. (nr, )

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UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY HATEM F. KHATER, Plaintiff, Civil Action No. 14-4618 v. ORDER PUZINO DAIRY, INC. and CRAIG PUZINO, Defendants. THIS MATTER having come before this Court by way of (1) Plaintiff Hatem Khater’s (“Plaintiff”) Motion for Default Judgment against Defendants Puzino Dairy, Inc. and Craig Puzino (“Defendants”) [Dkt. No. 27] and (2) the Report and Recommendation of Magistrate Judge Michael Hammer recommending denial of Defendants’ motion [Dkt. No. 32]; and it appearing that Plaintiff had, at the time he filed his motion for default judgment, failed properly to serve Defendants; and it further appearing that following submission of the pending motion for default judgment, Plaintiff has again attempted to serve Defendant Craig Puzino, see Dkt. No. 35; and the Court having considered the Report and Recommendation, which it hereby adopts in its entirety; IT IS on this 12th day of August, 2015, ORDERED that Plaintiff’s Motion for Default Judgment is DENIED without prejudice; and it is further ORDERED that Plaintiff may renew his motion after effecting service and receiving entry of default. 1 /s/ Madeline Cox Arleo Hon. Madeline Cox Arleo UNITED STATES DISTRICT JUDGE 2

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