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Khater v. Puzino Dairy, Inc.

UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY
Aug 12, 2015
Civil Action No. 14-4618 (D.N.J. Aug. 12, 2015)

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. Doe

Opinion

Civil Action No. 14-4618

08-12-2015

HATEM F. KHATER, Plaintiff, v. PUZINO DAIRY, INC. and CRAIG PUZINO, Defendants.


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


Summaries of

Khater v. Puzino Dairy, Inc.

UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY
Aug 12, 2015
Civil Action No. 14-4618 (D.N.J. Aug. 12, 2015)

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. Doe
Case details for

Khater v. Puzino Dairy, Inc.

Case Details

Full title:HATEM F. KHATER, Plaintiff, v. PUZINO DAIRY, INC. and CRAIG PUZINO…

Court:UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY

Date published: Aug 12, 2015

Citations

Civil Action No. 14-4618 (D.N.J. Aug. 12, 2015)

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