Opinion
Civil Action No. 14-6038
10-02-2015
PSD FREEHOLD LLC, Plaintiff, v. LUXURY AUTO XCHANGE, LTD, et al., Defendants.
ORDER
THIS MATTER having come before this Court by way of Plaintiff PSD Freehold, LLC's ("Plaintiff") Motion for Default Judgment against Defendant Luxury Auto Xchange [Dkt. No 11];
and Plaintiff being required to prove damages and service of process, see Comdyne I, Inc. v. Corbin, 908 F.2d 1142, 1149 (3d Cir. 1990) (damages); Gold Kist, Inc. v. Laurinburg Oil Co., Inc., 756 F.2d 14, 19 (3d Cir. 1985) (proof of service);
and the Court being required to satisfy itself concerning personal jurisdiction, HICA Educ. Loan Corp. v. Lepera, No. 11-960, 2011 WL 3515911, at *2 (D.N.J. Aug. 10, 2011) (default judgment void if no personal jurisdiction);
and it appearing that Plaintiff did not file an affidavit or documentation confirming the sum of the alleged damage, claimed to be $117,245.00;
and it appearing that Plaintiff has failed to demonstrated that service of process was effectuated pursuant to N.J. Ct. R. 4:4-4(a)(6);
and it further appearing that Plaintiff has not demonstrated that the Court has personal jurisdiction over defendant, an Illinois Corporation;
IT IS on this 1st day of October, 2015,
ORDERED that Plaintiff's Motion for Default Judgment is DENIED without prejudice; and it is further
ORDERED that Plaintiff must refile his motion by November 2, 2015, with all testimonial and documentary evidence of personal jurisdiction, service of process, and any alleged damages.
/s/ Madeline Cox Arleo
Hon. Madeline Cox Arleo
UNITED STATES DISTRICT JUDGE