KAETZ v. EDUCATIONAL CREDIT MANAGEMENT CORPORATION et al

Filing 54

ORDER that Plaintiff's motion to reopen, (ECF No. 46) is hereby Granted, it i further Ordered that the Clerk of Court shall Reopen this matter by making a new and separate docket entry reading "Civil Case Reopen". It is further Ordere d that Motion 47 for Default Judgment is hereby Denied and that 42 Motion to Dismiss, and 44 Motion to Dismiss ; are administratively terminated as moot, and It is further Ordered that Plaintiff's request to amend Plaintiff's amended Complaint (ECF No. 48), is hereby Granted; etc. Signed by Judge Claire C. Cecchi on 11/9/2017. (JB, )

NOT FOR PUBLICATION
UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
Civil Action No.: 2:16-cv-09225

WILLIAM F. KAETZ,
Plaintiff,

ORDER

V.

EDUCATIONAL CREDIT MANAGEMENT
CORPORATION, et al.,

Defendants.
CECCHI, District Judge.

WHEREAS on September 11, 2017, the Court granted Defendant Educational Credit
Management Corporation’s motion to dismiss. (ECF No. 36); and
WHEREAS on September 20, 2017, Plaintiff William F. Kaetz (“Plaintiff’) filed a
motion for clarification and for an extension of time to amend his complaint, (ECF No. 37),
which the Court granted on October 3, 2017. (ECF No. 39); and
WHEREAS on October 12, 2017, Plaintiff filed an amended complaint, (ECF No. 41),
and on October 23, 2017, Plaintiff filed a motion to reopen. (ECF No. 46); and
WHEREAS on October 23, 2017, Plaintiff filed a motion for default judgment as to
TransUnion for failing to respond to: (1) Plaintiffs motion for sanctions, (ECF No. 30); (2)
Plaintiffs motion to reconsider and reinstate default judgment against Defendant TransUnion,
(ECF No. 31); and (3) Plaintiffs motion to deny Defendant TransUnion’s attorney from
withdrawing, (ECF No. 34). (ECF No. 47); and
WHEREAS on May 15, 2017, the Clerk of Court noted that the entry of default filed by
the Clerk’s Office on March 13, 2017, as to Defendant TransUnion was docketed in error

because Plaintiff did not properly serve Defendant TransUnion; and
WHEREAS Plaintiff has not provided proof of service as to Defendant TransUnion; and
WHEREAS Defendant TransUnion’s attorney, William R. Brown, entered a limited
appearance on March 16, 2017, which he withdrew on June 5, 2017, to address the proof of
service issue. (ECF Nos. 19, 32); and
WHEREAS on October 23, 2017, Plaintiff filed a request to amend Plaintiffs amended
complaint, (ECF No. 4$), and filed additional submissions thereto. (ECF Nos. 49, 50).
Accordingly, IT IS on this

day of

,

2017, in the interest for

justice and good cause shown:
ORDERED that Plaintiffs motion to reopen, (ECF No. 46), is hereby GRANTED; it is
further
ORDERED that the Clerk of Court shall REOPEN this matter by making a new and
separate docket entry reading “CIVIL CASE REOPENED;” it is further
ORDERED that because Plaintiff has not provided proof of service as to Defendant
TransUnion, whose attorney entered a limited appearance, which was thereafter withdrawn, to
address the proof of service issue, Plaintiffs motion for sanctions, (ECF No. 30), motion to
reconsider and reinstate default judgment against Defendant TransUnion, (ECF No. 31), motion
to deny Defendant TransUnion’s attorney from withdrawing, (ECF No. 34), and motion for
default judgment as to Defendant TransUnion, (ECF No. 47), are hereby DENIED; it is further
ORDERED that Plaintiff’s request to amend Plaintiffs amended complaint, (ECF No.

4$), is hereby GRANTED; it is further
ORDERED that Plaintiff is granted (30) days from the date of this Order to file a second
amended complaint, which will supersede and replace Plaintiffs Complaint, (ECF No. 1),

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and Amended Complaint (ECF No. 41), and thus must contain all of Plaintiffs factual
allegations. Plaintiff shall include all of his factual allegations in this submission, including
factual allegations he made in other motion papers, letters, or other filings. Plaintiff may
not incorporate his other filings by reference.

Any factual allegations included in a

supplemental motion paper, letter, or other filing will not be considered to be a part of
Plaintiffs second amended complaint; it is further
ORDERED that, the pending motions to dismiss are ADMINISTRATIVELY
TERMINATED as moot (ECF Nos. 42, 44); it is further

ORDERED that Defendants shall respond to Plaintiffs second amended complaint in
accordance with the Federal Rules of Civil Procedure, including by refihing their motions to
dismiss; it is further
ORDERED that the Clerk of Court shall ADMINISTRATIVELY TERMINATE this

case until Plaintiff complies with this Order; and it is further
ORDERED that the Clerk of Court shall serve this Order on Plaintiff by regular mail and

shall CLOSE the file.
SO ORDERED.

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

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