CORNWELL QUALITY TOOLS CO. v. BLANCO et al

Filing 16

ORDER that Plaintiff is granted thirty (30) days from the date of this Order to serve Defendants and file a certificate of service on the docket evincing service and written notice of Plaintiffs Motion for Default Judgment; that Plaintiff may subsequently refile Plaintiffs Motion for Default Judgment without making an additional request for default with the Clerk of Court; administratively terminating 10 Motion for Default Judgment. Signed by Judge Claire C. Cecchi on 10/19/17. (DD, )

NOT FOR PUBLICATION
UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY

CORNWELL QUALITY TOOLS CO.,

Civil Action No.: 2:16-cv-05086

Plaintiff,
ORDER

V.

OLIVIER BLANCO, et al.,
Defendants.
CECCHI, District Judge.

WHEREAS on August 19, 2016, Plaintiff Comwell Quality Tools Co. (“Plain
tiff”) filed a
Complaint in this matter. (ECF No. 1); and
WHEREAS on October 21, 2016, two Summons were returned executed
as to Defendants
Olivier Blanco and Blanco Designs and Construction LLC (“Defendants
”) indicating that
Defendants had been served on October 7, 2016. (Eçf Nos. 7, 8); and
WHEREAS on January 20, 2017, Plaintiff requested the Clerk of the Court
enter default
on the basis that the time for Defendants to Answer or otherwise defend
against Plaintiff’s
Complaint had expired. (ECF No. 9); and
WHEREAS on January 23, 2017, the Clerk of the Court entered default
. (Id.); and
WHEREAS on April 17, 2017, Plaintiff filed a Motion for Default Judgm
ent. (ECF No.
10); and
WHEREAS Federal Rule of Civil Procedure 55(b)(2) states that “[ijf
the party against
whom a default judgment is sought has appeared personally or by a represe
ntative, that party or
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its representative must be served with written notice of the application at least 7 days before the
hearing.” fed. R. Civ. P. 55(b)(2); and
WHEREAS Plaintiff has not filed a certificate of service on the docket evincing service
and written notice of Plaintiffs Motion for Default Judgment at least 7 days before the motion
date.
Accordingly, IT IS on this

I’( day of

D

t-o —

,

2017, in the interest of justice and

for good cause shown:
ORDERED that Plaintiff is granted thirty (30) days from the date of this Order to serve

Defendants and file a certificate of service on the docket evincing service and written notice of
Plaintiffs Motion for Default Judgment; it is further
ORDERED that Plaintiffmay subsequently refile Plaintiffs Motion for Default Judgment
without making an additional request for default with the Clerk of Court; it is further
ORDERED that Plaintiffs Motion for Default Judgment (ECF No. 10) is hereby
administratively terminated; and it is further
ORDERED that the Clerk of the Court shall send Defendants a copy of this Order by
regular mail.
SO ORDERED.

CLAIRE C. CECCHI, U.S.D.J.

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