Meyer, Suozzi, English & Klein, P.C. v. Higbee et al

Filing 17

Request for Certificate of Default by Meyer, Suozzi, English & Klein, P.C. (Attachments: # 1 Declaration Of Kevin Schlosser In Support Of Plaintiff's Request For Default Pursuant To Local Civil Rule 55.1, # 2 Exhibit Proposed Certificate Of Default) (Schlosser, Kevin)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
MEYER, SUOZZI, ENGLISH & KLEIN, P.C.,
Plaintiff,
-against-

Doeket No.: 18-cv-3353 (ADS) (ARC)

MATHEW K. HIGBEE, Esq.,
NICK YOUNGSON,
RM MEDIA, LTD.,
and HIGBEE & ASSOCIATES,
Defendants.

DECLARATION OF
KEVIN SCHLOSSER IN
SUPPORT OF PLAINTIFF’S
REQUEST FOR DEFAULT
PURSUANT TO
LOCAL CIVIL RULE 55.1

KEVIN SCHLOSSER, hereby deelares pursuant to 28 U.S.C. § 1746 and under
the penalty of perjury the following:
1.

I am a Member of Meyer, Suozzi, English & Klein, P.C., Plaintiff law firm

in this matter, and eounsel pro se. As sueh, I fully familiar with the faets and
eireumstanees set forth herein.
2.

I submit this deelaration pursuant to Loeal Civil Rule 55.1 and Fed.R.Civ.P.

55(a) for a Certifieate of Default by the Clerk.
3.

Plaintiff eommeneed this aetion by the filing of a eomplaint and related

doeuments on June 7, 2018 (Dkt. 1).
4.

On June 8, 2018, the Clerk issued a summons to the four named

Defendants: Mathew K. Higbee, Esq.; Niek Youngson; RM Media, Ltd.; and Higbee &
Assoeiates (Dkt. 6).

5.

Pursuant to Fed.R.Civ.P. 4(f)(1), service of process of the summons and

complaint was made effective upon Defendant Nick Youngson on November 5, 2018
(Dkt 15).
6.

Pursuant to Fed.R.Civ.P. 4(h)(2), service of process of the summons and

complaint was made effective upon Defendant RM Media, Ltd., upon its CEO, on
January 2, 2019 (Dkt. 16).
7.

The summons and complaint were properly served on both Defendants

Defendant Nick Youngson and Defendant RM Media, Ltd. by means of service
authorized by the Hague Convention and the Civil Procedure Rules of England and
Wales (Dkts. 15 and 16).
8.

The time by which Defendants Nick Youngson and RM Media, Ltd. had to

respond to the summons and complaint has expired for both.
9.

Defendants Nick Youngson and RM Media, Ltd. have failed to plead or

otherwise defend the action.
10.

Upon information and belief, neither Defendant Nick Youngson nor

Defendant RM Media, Ltd. is in the military, an infant, or an incompetent person.
11.

A proposed Certificate of Default is annexed hereto.

WHEREFORE, plaintiff respectfully requests that the Clerk issue a Certificate of
Default pursuant to Local Rule 55.1 against Defendants Nick Youngson and RM Media,
Ltd.
Dated: February 19, 2019
/s/ Kevin Schlosser
KEVIN SCHLOSSER