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Pemberton v. Moore Company Capital Management

United States District Court, S.D. Ohio
Dec 16, 2010
Civil Action 2:10-CV-B50 (S.D. Ohio Dec. 16, 2010)

Opinion

Civil Action 2:10-CV-B50.

December 16, 2010


ORDER


Plaintiff has filed an application for entry of default. Doc. No. 11. However, that application is based, inter alia, on summonses that were not issued by the Clerk of this Court. Doc. Nos. 4, 5.

Rule 4(c) of the Federal Rules of Civil Procedure requires that "[a] summons must be served with a copy of the complaint." In order to be valid, a summons must "be signed by the clerk; and . . . bear the court's seal." Fed.R.Civ.P. 4(a)(1)(F), (G).

Because the summonses in this case were not valid and service was therefore no proper, plaintiff's application for default, Doc. No. 11, and motion for default judgment, Doc. No. 9, are DENIED.

Plaintiff shall promptly arrange for effective service of process in compliance with Fed.R.Civ.P. 4.

12-16-2010 Date


Summaries of

Pemberton v. Moore Company Capital Management

United States District Court, S.D. Ohio
Dec 16, 2010
Civil Action 2:10-CV-B50 (S.D. Ohio Dec. 16, 2010)
Case details for

Pemberton v. Moore Company Capital Management

Case Details

Full title:DAVID L. PEMBERTON, SR., TRUSTEE, etc., Plaintiff, v. MOORE COMPANY…

Court:United States District Court, S.D. Ohio

Date published: Dec 16, 2010

Citations

Civil Action 2:10-CV-B50 (S.D. Ohio Dec. 16, 2010)