Stringer et al v. Richard et al

Filing 17

Opinion and Order signed by Judge James S. Gwin on 11/18/21. Because Defendant Bergheimer was not properly served and Defendant Richard timely filed her answer, this Court DENIES Plaintiffs motion for default judgment. 9 (T,A)

Case: 4:21-cv-00632-JG Doc #: 17 Filed: 11/18/21 1 of 2. PageID #: 94

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF OHIO
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GAIL STRINGER, et al.,
Plaintiffs,
v.
DAWN RICHARD, et al.,
Defendants.

CASE NO. 4:21-cv-00632
OPINION & ORDER
[Resolving Doc. 9]

JAMES S. GWIN, UNITED STATES DISTRICT COURT JUDGE:
Plaintiffs Gail Stringer, Debra Jordan, Venice Andrews, and Eddie Howard sue
Defendants Dawn Richard and Derek Bergheimer for copyright infringement, violation of
publicity, and invasion of privacy.1
On August 10, 2021, Plaintiffs moved for default judgment against Defendants
without proper service.2 On September 29, 2021, this Court directed Plaintiff to show
proof of service within fourteen days.
Plaintiffs again attempted to serve Defendants through certified mail.
On November 8, 2021, service was return unexecuted upon Defendant Derek
Bergheimer.3
On November 9, 2021, service was returned executed upon Defendant Dawn
Richard.4 She was served on October 27, 2021.5 Pursuant to Rule 12, Defendant
Richard’s answer was due 21 days after service, or on November 17, 2021.6 Defendant

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Doc. 9.
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Doc. 15.
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Id.

Fed. R. Civ. P. 12(a)(1)(A)(i).

Case: 4:21-cv-00632-JG Doc #: 17 Filed: 11/18/21 2 of 2. PageID #: 95
Case No. 4:21-cv-00632
GWIN, J.
Richard timely filed her answer on November 16, 2021.7
Because Defendant Bergheimer was not properly served and Defendant Richard
timely filed her answer, this Court DENIES Plaintiffs’ motion for default judgment.
IT IS SO ORDERED.

s/

Dated: November 18, 2021

James S. Gwin

JAMES S. GWIN
UNITED STATES DISTRICT JUDGE

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