The Ohio State University v. Ohio State Auto Sales, LLC

Filing 9

ORDER DENYING doc # 8 Application to enter Default. Signed by Magistrate Judge Mark R. Abel on 7/2/13. (sh1)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
EASTERN DIVISION

The Ohio State University,
Plaintiff

:

Ohio State Sales, LLC and Edwin R.
James, Sr., d/b/a Ohio State Auto
Sales,

Civil Action 2:13-cv-00400

:

v.

:

Judge Frost

:

Magistrate Judge Abel

:

Defendants

ORDER
Plaintiff The Ohio State University’s July 2, 2013 application to the Clerk for
entry of default against defendant Edwin R. James, Sr. d/b/a Ohio State Auto Sales
(doc. 8) is DENIED. The summons was issued to Ohio State Auto Sales, LLC, not Edwin
R. James, Sr. It does not appear that plaintiff has properly served Edwin R. James, Sr.
The Court also notes that the amended complaint does not appear to have been served
on Edwin R. James, Sr., d/b/a Ohio State Auto Sales. The certificate of service for the
application for entry of default states that a copy of the application was served upon
counsel of record via the Court’s electronic filing and notification system. Defendants
are not represented by counsel and do not have access to the electronic filing and
notification system.
s/Mark R. Abel
United States Magistrate Judge