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

Filing 24

MOTION to Vacate 21 MOTION for Default Judgment by RM Media Ltd., Nick Youngson. (Attachments: # 1 Declaration, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit, # 12 Exhibit, # 13 Exhibit, # 14 Exhibit, # 15 Exhibit, # 16 Exhibit, # 17 Memorandum in Support) (Weisneck, Jeanne)

Jeanne M. Weisneck, Esq.
EDNY (JW4815)
Law Office of Jeanne M. Weisneck
485 Central Park West, Suite 3A
New York, New York 10025
[phone] (T)
[phone] (F)
[e-mail]
Attorney for Defendants Nick Youngson & RM Media, Ltd.
UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NEW YORK
Case No. 2:18-cv-03353-ADS-ARL

MEYER, SUOZZI, ENGLISH & KLEIN,
P.C.,

NOTICE OF MOTION AND MOTION TO
VACATE CERTIFICATE OF DEFAULT
UNDER F.R.C.P. § 55(C)

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

PLEASE TAKE NOTICE that on the Declaration of Nick Youngson, individually and on
behalf of RM Media, Ltd, dated March 11, 2019, and the Memorandum of Law, copies of which
are attached hereto and made a part hereof, Defendants Nick Youngson and RM Media, Ltd. will
move before the Honorable Arthur D. Spatt, United States District Judge of the Eastern District
of New York, located at 100 Federal Plaza, Central Islip, New York, 11722, on a date and time
to be determined by the Court, for an Order, pursuant to F.R.C.P. § 55(C), vacating the
Certificate of Default entered by the Clerk on February 20, 2019, and quashing service of
process or otherwise dismissing the action.

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PLEASE TAKE FURTHER NOTICE that Defendants Nick Youngson and RM Media,
Ltd. are making a limited appearance in this action for the purpose of the within Motion, and are
not otherwise appearing or consenting to the jurisdiction of the Court, or waiving any defenses
under F.R.C.P. §12(b) or otherwise.
Dated: March 11, 2019

Respectfully submitted,
/s/ Jeanne M. Weisneck, Esq.
Jeanne M. Weisneck, Esq.
EDNY (JW4815)
Law Office of Jeanne M. Weisneck
485 Central Park West, Suite 3A
New York, New York 10025
[phone] (T)
[phone] (F)
[e-mail]
Attorney for Defendants Nick Youngson &
RM Media, Ltd.

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CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing was served by
electronically filing with the Clerk of the Court using CM/ECF on this 11th day of March, 2019,
on all counsel or parties of record on the service list below.

/s/ Jeanne M. Weisneck, Esq.
Jeanne M. Weisneck, Esq.

SERVICE LIST
Kevin Schlosser
MEYER, SUOZZI, ENGLISH & KLEIN, P.C.
990 Stewart Avenue, Suite 300
Garden City, New York 11530
[e-mail]

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