Summary
stating that "entry of default judgment is a sanction of last resort" and "determining proper service is a threshold issue"
Summary of this case from Malibu Media, LLC v. DoeOpinion
Civil Action No. 14-4618
08-12-2015
ORDER
THIS MATTER having come before this Court by way of (1) Plaintiff Hatem Khater's ("Plaintiff") Motion for Default Judgment against Defendants Puzino Dairy, Inc. and Craig Puzino ("Defendants") [Dkt. No. 27] and (2) the Report and Recommendation of Magistrate Judge Michael Hammer recommending denial of Defendants' motion [Dkt. No. 32];
and it appearing that Plaintiff had, at the time he filed his motion for default judgment, failed properly to serve Defendants;
and it further appearing that following submission of the pending motion for default judgment, Plaintiff has again attempted to serve Defendant Craig Puzino, see Dkt. No. 35;
and the Court having considered the Report and Recommendation, which it hereby adopts in its entirety;
IT IS on this 12th day of August, 2015,
ORDERED that Plaintiff's Motion for Default Judgment is DENIED without prejudice; and it is further
ORDERED that Plaintiff may renew his motion after effecting service and receiving entry of default.
/s/ Madeline Cox Arleo
Hon. Madeline Cox Arleo
UNITED STATES DISTRICT JUDGE