Summary
noting that the plaintiff had failed to cite any North Carolina or federal law which holds that service of a subsidiary is service of a parent corporation, and plaintiff would have to show facts to establish that the subsidiary was the alter ego or instrumentality of the parent
Summary of this case from United States v. Bayer A.G.Opinion
CIVIL NO. 2:09CV18.
May 14, 2009
ORDER
THIS MATTER is before the Court on the Plaintiff's motion and brief for default judgment as to the Defendants Mary Hannah and the Internal Revenue Service.
Default judgments are entered after a party has been declared in default. See Fed.R.Civ.P. 55. No entry of default appears of record. Nor has Plaintiff shown by affidavit or otherwise that these Defendants have been duly served with the summons and complaint, and that after such service of process, they have failed to plead or otherwise respond to the Plaintiff's complaint herein. It, therefore, appears the motion for default judgment is premature.
IT IS, THEREFORE, ORDERED that the Plaintiff's motion for default judgment is DENIED without prejudice.