Taylor Swift v. Malcolm Matthews, et al

Filing 89

MOTION for Entry of Default under Fed. R. Civ. P. 55(a) by Taylor Swift. (Rose, Natalya)

Taylor Swift v. Malcolm Matthews, et al

Doc. 89

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF TENNESSEE IN NASHVILLE

TAYLOR SWIFT, Plaintiff v. MALCOLM MATTHEWS; RENEE SUSAN MITCHELL; LOUIS MOORE; MARTIN D. QUATTLEBAUM; MARSHA DYONNE TYLER; MELLISSA LIEBERMAN; EDWARD FRIEDMAN; KENNETH JOHNSON; ROBERT VINCENT ESTRONZA; TAIEF HASSON WALLACE; VANCE HILL; VERNANDO SMITH; ANDRE ANTHONY JONES; FRANK PARSONS; CARLO PONTI SMITH; WILBERT G. PRINCE; MERVIN A. BROWN; ERIC LOPP; JEFFREY L. WATKINS; DENNIS LANE WEAVER; KILO JAMES; TYRONE "PIGGY" SQUIRES; BURRELL DICKERSON; and BRAULIO RIVIERA, Defendants Civil Action No. 3:09-CV-0442 Judge Wiseman Magistrate Judge Griffin FILED UNDER SEAL

PLAINTIFF'S MOTION FOR ENTRY OF DEFAULT UNDER FED. R. CIV. P. 55(A)

The plaintiff, Taylor Swift ("Plaintiff"), by and through undersigned counsel, and pursuant to Fed. R. Civ. P. 55(a), hereby moves that the Clerk of the Court enter default in the above-captioned action against the defendants Martin D. Quattlebaum, Robert Vincent Estronza, Vance Hill, Vernando Smith, Andre Anthony Jones, Frank Parsons, Wilbert G. Prince, Carlo 1

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Ponti Smith, Mervin A. Brown, Eric Lopp, Jeffrey L. Watkins, Dennis Lance Weaver, Kilo James, Tyrone "Piggy" Squires, Burrell Dickerson, and Braulio Riviera ("Defendants"). As supported by the contemporaneously filed Declaration of Natalya L. Rose ("Rose Decl."), Plaintiff states as follows: 1. On May 18, 2009, Plaintiff filed her Verified Complaint, naming Malcolm

Matthews, Renee Susan Mitchell, Louis Moore, Martin D. Quattlebaum, Marsha Dyonne Tyler, Various John Does, Various Jane Does and Various XYZ Corporations as defendants ("Complaint"). Rose Decl. at 3; Document 1. 2. On May 27, 2009, service of the Complaint, together with a properly

issued Summons, was effected on Martin D. Quattlebaum ("Quattlebaum") by hand delivery at what is believed to be Defendant Quattlebaum's place of residence, namely, 8556 Kendrick Road, Jonesboro, Georgia 30238. Proof of such service was filed with this Court on June 3, 2009. Rose Decl. at 4; Document 23. 3. On June 10, 2009, Plaintiff filed her First Amended Verified Complaint,

naming Brendan Schiff, Melissa Lieberman and Edward Friedman as additional defendants ("First Amended Complaint"). Rose Decl. at 5; Document 26. 4. On June 24, 2009, service of the First Amended Complaint, together with

a properly issued Summons, was effected on Robert Vincent Estronza ("Estronza") by U.S. Certified Mail delivery at what is believed to be Defendant Estronza's place of residence, namely, 1281 Brockett Road, Clarkston, Georgia 30021. Proof of such service was filed with this Court on July 13, 2009. Rose Decl. at 6; Document 38. 5. On September 3, 2009, service of the Complaint, together with a properly

issued Summons, was effected on Vance Hill ("Hill") by hand delivery in the vicinity of

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Gwinnett Arena, 6500 Sugarloaf Parkway, Duluth, Georgia 30097. Proof of such service was filed with this Court on October 2, 2009. Rose Decl. at 7; Document 69. 6. On September 3, 2009, service of the Complaint, together with a properly

issued Summons, was effected on Vernando Smith ("Vernando Smith") by hand delivery in the vicinity of Gwinnett Arena, 6500 Sugarloaf Parkway, Duluth, Georgia 30097. Proof of such service was filed with this Court on October 2, 2009. Rose Decl. at 8; Document 71. 7. On September 4, 2009, service of the Complaint, together with a properly

issued Summons, was effected on Andre Anthony Jones ("Jones") by hand delivery in the vicinity of Bi-Lo Center, 650 N. Academy Street, Greenville, South Carolina 29601. Proof of such service was filed with this Court on October 2, 2009. Rose Decl. at 9; Document 74. 8. On September 4, 2009, service of the Complaint, together with a properly

issued Summons, was effected on Frank Parsons ("Parsons") by hand delivery in the vicinity of Bi-Lo Center, 650 N. Academy Street, Greenville, South Carolina 29601. Proof of such service was filed with this Court on October 7, 2009. Rose Decl. at 10; Document 75. 9. On September 4, 2009, service of the Complaint, together with a properly

issued Summons, was effected on Carlo Ponti Smith ("Carlo Ponti Smith") by hand delivery in the vicinity of Bi-Lo Center, 650 N. Academy Street, Greenville, South Carolina 29601. Proof of such service was filed with this Court on October 2, 2009. Rose Decl. at 11; Document 76. 10. On September 4, 2009, service of the Complaint, together with a properly

issued Summons, was effected on Wilbert G. Prince ("Prince") by hand delivery in the vicinity of Bi-Lo Center, 650 N. Academy Street, Greenville, South Carolina 29601. Proof of such service was filed with this Court on October 2, 2009. Rose Decl. at 12; Document 77.

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11.

On September 5, 2009, service of the Complaint, together with a properly

issued Summons, was effected on Mervin A. Brown ("Brown") by hand delivery in the vicinity of Time Warner Cable Arena, Charlotte, North Carolina 28202. Proof of such service was filed with this Court on October 2, 2009. Rose Decl. at 13; Document 68. 12. On September 5, 2009, service of the Complaint, together with a properly

issued Summons, was effected on Eric Lopp ("Lopp") by hand delivery in the vicinity of Time Warner Cable Arena, Charlotte, North Carolina 28202. Proof of such service was filed with this Court on October 2, 2009. Rose Decl. at 14; Document 70. 13. On September 5, 2009, service of the Complaint, together with a properly

issued Summons, was effected on Jeffrey L. Watkins ("Watkins") by hand delivery in the vicinity of Time Warner Cable Arena, Charlotte, North Carolina 28202. Proof of such service was filed with this Court on October 2, 2009. Rose Decl. at 15; Document 72. 14. On April 30, 2010, service of the Complaint, together with a properly

issued Summons, was effected on Dennis Lance Weaver ("Weaver") by hand delivery in the vicinity of Colonial Life Arena, Columbia, South Carolina. Proof of such service was filed with this Court on July 8, 2010. Rose Decl. at 16; Document 85. 15. On May 12, 2010, service of the Complaint, together with a properly

issued Summons, was effected on Kilo James ("James") by hand delivery in the vicinity of Prudential Center, Newark, New Jersey. Proof of such service was filed with this Court on July 8, 2010. Rose Decl. at 17; Document 82. 16. On May 12, 2010, service of the Complaint, together with a properly

issued Summons, was effected on Tyrone "Piggy" Squires ("Squires") by hand delivery at in the

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vicinity of Prudential Center, Newark, New Jersey. Proof of such service was filed with this Court on July 8, 2010. Rose Decl. at 18; Document 84. 17. On May 14, 2010, service of the Complaint, together with a properly

issued Summons, was effected on Burrell Dickerson ("Dickerson") by hand delivery in the vicinity of Nassau Veterans Memorial Coliseum, Uniondale, New York 11553. Proof of such service was filed with this Court on July 8, 2010. Rose Decl. at 19; Document 81. 18. On May 14, 2010, service of the Complaint, together with a properly

issued Summons, was effected on Braulio Riviera ("Riviera") by hand delivery in the vicinity of Nassau Veterans Memorial Coliseum, Uniondale, New York 11553. Proof of such service was filed with this Court on July 8, 2010. Rose Decl. at 20; Document 83. 19. Pursuant to Fed. R. Civ. P. 6, 12 and 15, Defendants Quattlebaum,

Estronza, Hill, Vernando Smith, Jones, Parsons, Prince, Carlo Ponti Smith, Brown, Lopp, Watkins, Weaver, James, Squires, Dickerson and Riviera were required to respond to the Complaint and/or the First Amended Complaint on or before June 3, 2010. 20. The deadline for Defendants' filing and serving a response to the Verified

Complaint and the First Amended Verified Complaint under the Federal Rules of Civil Procedure has passed, and Defendants have not filed or served an answer, nor have they filed or served a motion pursuant to Fed. R. Civ. P. 12. Moreover, Defendants have not requested that the Court extend their time to file a responsive pleading. Rose Decl. at 21. 21. Counsel for Plaintiff has no reason to believe that Defendants

Quattlebaum, Estronza, Hill, Vernando Smith, Jones, Parsons, Prince, Carlo Ponti Smith, Brown, Lopp, Watkins, Weaver, James, Squires, Dickerson and Riviera are in military service. Counsel submits a sworn declaration required by the Service Members Civil Relief Act of 2003 (50

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U.S.C. App. §§ 501­596) and facts necessary to support this declaration. Rose Decl. at 22, and Exhibit A thereto. WHEREFORE, Plaintiff respectfully requests that the Clerk of the Court enter default against Defendants Quattlebaum, Estronza, Hill, Vernando Smith, Jones, Parsons, Prince, Carlo Ponti Smith, Brown, Lopp, Watkins, Weaver, James, Squires, Dickerson and Riviera, pursuant to Fed. R. Civ. P. 55(a). Respectfully submitted, /s/ Natalya L. Rose W. Michael Milom (No. 002803) David S. Crow (No. 020699) Natalya L. Rose (No. 021701) MILOM JOYCE HORSNELL CROW PLC 3310 West End Avenue, Suite 610 Nashville, Tennessee 37203 Telephone: [phone] [e-mail] [e-mail] [e-mail] Attorneys for Plaintiff Taylor Swift

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CERTIFICATE OF SERVICE I hereby certify that service of the foregoing Plaintiff's Motion for Entry of Default under Fed. R. Civ. P. 55(a) is being accomplished through delivery by U.S. First Class Mail, postage pre-paid, this 17th day of August, 2010, upon the following: Martin D. Quattlebaum 8556 Kendrick Road Jonesboro, Georgia 30126 Robert Vincent Estronza 1281 Brockett Road Clarkston, Georgia 30021 Vance Hill 6169 Charring Cross Court Lithonia, Georgia 30058 Vernando Smith 1119 Redantrian Court Stone Mountain, GA 30088 Andre Anthony Jones 8330 Bluff Road Columbia, South Carolina 29214 Frank Parsons 1622 Curry Street Columbia, South Carolina 29204 Wilbert G. Prince 1837 Barbara Drive 11A Columbia, South Carolina 29223 Carlo Ponti Smith 2225 Hwy 1 South, Apt. 905 Elgin, South Carolina 29073 Mervin A. Brown 1627 Carnegie Street, Apt. B Columbia, South Carolina 29204-1472 Eric Lopp 153-20 123 Avenue Jamaica, New York 11434 7

Jeffrey L. Watkins 667 Westwood Drive Lexington, South Carolina 29073-8038 Dennis Lance Weaver 3911 St. Andrews, Apt. 302 Columbia, South Carolina 29201

/s/ Natalya L. Rose Natalya L. Rose

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