DETAMORE v. ZAVOR AMERICA, INC.

Filing 12

ORDER denying 9 Motion for Default Judgment. Signed by Judge Katharine S. Hayden on 5/9/2022. (ld, )

Case 2:21-cv-02157-KSH-CLW Document 12 Filed 05/09/22 Page 1 of 2 PageID: 328

UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
SANDRA DETAMORE, an individual,
Civil No.: 21-cv-2157 (KSH) (CLW)

Plaintiff,
v.
ZAVOR AMERICA, INC., a/k/a FECNA
AMERICA, INC., f/k/a FAGOR AMERICA,
INC., a New Jersey Corporation,

ORDER

Defendant.
THIS MATTER having come before the Court on the motion (D.E. 9) filed by plaintiff
Sandra Detamore (“Detamore”) for entry of default judgment against defendant Zavor America,
Inc., a/k/a Fecna America, Inc., f/k/a Fagor America, Inc. (“Zavor”) pursuant to Fed. R. Civ. P.
55(b)(2); and
The Court having ordered (D.E. 10) Detamore to show cause in writing by no later than
May 5, 2022 why her motion for default judgment (D.E. 9) should not be denied for improper
service of process, and having warned that it would deny the motion “in the absence of a timely
filed submission”; and
Detamore having failed to respond to the Court’s order, and instead having filed a motion
for leave to amend the complaint (D.E. 11) on May 6, 2022 in which she conceded that service
“was attempted on [Zavor] on March 10, 2021 but was unsuccessful” (D.E. 11 at ¶ 1); and
In consideration of Detamore’s failure to satisfy her burden of proving proper service, the
Court concluding that default judgment cannot be entered, see One Toshiba Color Television,
213 F.3d 147, 156 (3d Cir. 2000) (“[T]he entry of a default judgment without proper service of a
complaint renders that judgment void.”); see also Khater v. Puzino Dairy, Inc., 2015 WL

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Case 2:21-cv-02157-KSH-CLW Document 12 Filed 05/09/22 Page 2 of 2 PageID: 329

4773125, at *1, 3 (D.N.J. Aug. 12, 2015) (Arleo, J.) (denying motion for default judgment where
plaintiff failed to satisfy burden of proving sufficient service, which is a “threshold issue”),
IT IS on this 9th day of May, 2022,
ORDERED that the motion for default judgment (D.E. 9) is DENIED.
/s/ Katharine S. Hayden
Katharine S. Hayden, U.S.D.J.

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