MAERSK INC. v. JRJ ENTERPRISES, INC.

Filing 5

ORDERED that the Clerk's entry of default as to Deft. JRJ Enterprises, entered on 3/23/2015 (docket entry 4 ) is VACATED; ORDERED that Pltf's 3 Motion for Default Judgment is DENIED WITHOUT PREJUDICE. Signed by Judge Stanley R. Chesler on 5/5/2015. (dmr)

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UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY MAERSK, INC., as agents for A.P. MOLLER-MAERSK A/S, Plaintiff, v. JRJ ENTERPRISES, INC., Defendant. : : : : : : : : : : : : Civil Action No. 15-275 (SRC) ORDER CHESLER, District Judge This matter having come before the Court upon the motion filed by Plaintiff Maersk Inc. (“Plaintiff”) for entry of default judgment against Defendant JRJ Enterprises, Inc. (“Defendant”) [docket entry 3]; and IT APPEARING that, in support of the motion for default judgment, Plaintiff submits the affidavit of its counsel, who asserts that Defendant was served with a summons and a copy of the Complaint on January 22, 2015; and it further APPEARING that Plaintiff’s counsel does not assert that he personally effected the service of process; and it further APPEARING that the Court’s docket regarding this action shows that Plaintiff has not filed any proof of service on Defendant, supported by an affidavit signed by the person who served the summons and Complaint; and it further APPEARING that the Clerk’s entry of default against the Defendant on March 23, 2015 was therefore done in error; and it further 2 APPEARING that, for the foregoing reasons, Plaintiff has not demonstrated that it is entitled to default judgment against Defendant; therefore, IT IS on this 5th day of May, 2015 ORDERED that the Clerk’s entry of default as to Defendant JRJ Enterprises, entered on March 23, 2015 [docket entry 4], is VACATED; and it is further ORDERED that Plaintiff’s motion for default judgment as to Defendant JRJ Enterprises [docket entry 3] is DENIED WITHOUT PREJUDICE. s/Stanley R. Chesler STANLEY R. CHESLER United States District Judge

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