MONELLO LANDSCAPE INDUSTRIES, LLC v. HATCH LANDSCAPE & DESIGN, INC.

Filing 16

ORDER terminating 7 Motion for Default Judgment ; terminating 9 Motion to Vacate; that the Clerk's entry of default as to Defendant, which was entered on October 25, 2016, is hereby vacated; that this Order does not prejudice Plaintiff's right to seek appropriate attorneys' fees in connection with its Motion for Default Judgment (D.E. 7) at a later date, if it chooses to do so.. Signed by Judge John Michael Vazquez on 5/31/2017. (ld, )

UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY

MONELLO LANDSCAPE INDUSTRIES,
LLC,
Plainttff
v.

Civil Action No. 16-5803
ORDER

HATCH LANDSCAPE & DESIGN, INC.,
Defendant.

John Michael Vazguez, U.S.D.J.
THIS MATTER comes before the Court by way of a letter submitted on the docket on
May 30, 2017 by Plaintiff Monello Landscape Industries, LLC (D.E. 15); and it
APPEARING that there is a Motion for Default Judgment as to Defendant Hatch
Landscape & Design, Inc. (D.E. 7) and a Cross-Motion to Vacate the Default and Transfer the
Matter (D.E. 9) presently pending before this Court; and
APPEARING that in Plaintiffs May 30 letter, Plaintiff consents to withdrawing its
Motion for Default Judgment and vacating the default that was entered against Defendant.
Plaintiffs consent is predicated upon the preservation of its rights to seek attorneys’ fees in
connection with the motion and with the understanding that Defendant’s cross-motion will be
administratively terminated.
CONSEQUENTLY, for good cause shown,
IT IS on this 31st day of May, 2017
ORDERED that the pending motions, D.E. 7 and 9, are hereby TERMINATED; and it
is further

ORDERED that the Clerk’s entry of default as to Defendant, which was entered on
October 25, 2016, is hereby vacated; and it is further
ORDERED that this Order does not prejudice Plaintiffs right to seek appropriate

attorneys’ fees in connection with its Motion for Default Judgment (D.E. 7) at a later date, if it
chooses to do so.

John \4ichael Vazqi4z, T1).S.D.J.