HANIF et al v. ATLANTIC NORTHEAST TRANSPORT, INC. et al

Filing 24

ORDER denying 9 Motion for Default Judgment ; granting 17 Motion to Set Aside Default; that the Clerk of the Courts entry of default dated March 13, 2017 is hereby VACATED. Signed by Judge Claire C. Cecchi on 6/30/17. (DD, )

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NOT FOR PUBLICATION UNITED STATES DISTRICT COURT DISTRICT Of NEW JERSEY Civil Action No.: 16-1776 NOORUDIN HANW, et at., Plaintiffs, ORDER V. ATLANTIC NORTHEAST TRANSPORT, INC., et at., Defendants. CECCHI, District Judge. Before the Court is the motion of Plaintiffs Noorudin Hanif, Mario Hernandez, Thrahim Farhan, Edgardo Gereno, and Victor Garcia (“Plaintiffs”) for default judgment against Defendants Atlantic Northeast Transport, Inc. (“ANE”) and Matthew Jenove (collectively, “Defendants”)’ pursuant to Fed. R. Civ. P. 55(b)(2), ECF No. 9, and the cross-motion of Defendants to set aside this Court’s July 22, 2016 entry of default. ECF No. 17. Jurisdiction is proper pursuant to 49 U.S.C. § 14101, 14102, 14704(a), 28 U.S.C. § 1331, and 29 U.S.C. § 1367. The motions are decided without oral argument pursuant to Rule 78 of the Federal Rules of Civil Procedure. For the reasons set forth in the Opinion accompanying this Order, and in the interest of justice and for good cause shown, the Court shall set aside the entry of default against Defendants. IT IS on this3 day of dV,-— , 2017, ORDERED that Plaintiffs’ motion for default judgment or sanctions as to Defendants is DENIED; it is further ‘The Court notes that Alfred Kashinsky, a named defendant in this action, was not included in or party to the instant motions. ORDERED that Defendants’ cross-motion to set aside entry of default is GRANTED; and it is further ORDERED that the Clerk of the Court’s entry of default dated March 13, 2017 is hereby VACATED. CLAIRE C. CECCHI, U.S.D.J. 2

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