Epic Systems Corporation v. KS Information Technologies LLC et al

Filing 37

ORDER granting 25 Motion for Default Judgment as to KS Information Technologies LLC; entering default as to Subhash Kanukunta. Default Hearing as to Subhash Kanukunta set for 1/15/2014 at 9:00 AM. Proof of attempts at service as to Subhash Kanukunta and proposed default judgment due 1/13/2014. Signed by District Judge William M. Conley on 12/18/2013. (arw)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN

EPIC SYSTEMS CORPORATION,
Plaintiff,

ORDER

v.
12-cv-848-wmc
KS INFORMATION TECHNOLOGIES, LLC,
SUBHASH KANUKUNTA, K-SOFT
INFORMATION TECHNOLOGIES, INC.,
K-SOFT INFOTECH CORPORATION, and
RAMESH KUMAR GANGISETTI,
Defendants.

A hearing on plaintiff’s motion for default judgment and permanent injunction
against defendants KS Information Technologies LLC and Subhash Kanukunta (dkt.
#25) was held today; plaintiff appeared by Josephine Benkers of Quarles & Brady, as
well as corporation counsel; both defendants failed to appear.
Pursuant to that hearing, default judgment was awarded against KS Information
Technologies, LLC, and plaintiff was directed to propose a default judgment order
consistent with the court’s rulings. In addition, in light of (1) repeated attempts to serve
defendant Subhash Kanukunta personally, (2) his apparent service via the Secretary of
the State of Florida pursuant to Fla. Stat. § 48.181, (3) Kanukunta’s apparent efforts to
conceal his whereabouts, and (4) Kanukunta’s actual notice of this lawsuit, the court will
also enter default against defendant Subhash Kanukunta pursuant to Federal Rule of
Civil Procedure 55(a).

Before proceeding to default judgment against Kanukunta, plaintiff Epic Systems
Corporation is directed to publish notice once per week for a period of three weeks in a
paper of record in Jacksonville, Florida, of this entry of default against him and of a
hearing for entry of default judgment scheduled for January 15, 2014, at 9:00 a.m. In
light of the arguable ambiguity in the verified return of service signed by Allen Pyke (dkt.
#24), the court will also require Epic to accomplish service again pursuant to Fla. Stat. §
48.181 by serving Kanukunta, individually and as managing member of defendant
KS Information Technologies, LLC, by delivering a copy of this order, the summons,
and complaint to the Florida Secretary of State. Proof of both attempts at notice along
with a proposed, default judgment shall be filed with the court no later than January 13,
2014.
Entered this 18th day of December, 2013.
BY THE COURT:
/s/
________________________________________
WILLIAM M. CONLEY
District Judge

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