Opinion
1:20-CV-06737-ALC
11-30-2021
Virginia Australia Regional Airlines Pty Ltd., Plaintiff, v. JetPro International LLC, Defendant.
ORDER
Andrew L. Carter, Jr. United States District Judge
Upon careful review by the Court, Plaintiff's motion for default judgment, see ECF No. 14, is hereby DENIED. Accordingly, Plaintiff is directed to re-file its motion for default judgment and, in doing so, shall address the following issues with sufficient detail:
1. Defendant's liability after applying New York's choice-of-law rules to determine which state law applies to each of Plaintiff's claims;
2. The specific provision(s) under Missouri law-whether pursuant to Mo. Ann. Stat. § 506.150 or some other state statute-that authorizes the Missouri Secretary of State to accept service of process on behalf of Defendant;
3. The Court's ability to exercise personal jurisdiction over Defendant where Plaintiff does not appear to have attempted service upon the registered agent Kyle Wine at an Arizona address-3 North 47th Ave., Suite 102, Phoenix, AZ 85043-that appears to be Defendant's principal place of business. See Compl. ¶ 9; Compl., Ex. 1 at 3, 23, 24; see also Compl., Ex. 2 at 10-15 (displaying Kyle Wine's email signature with Arizona address); and
4. Plaintiff's compliance with Local Civil Rule 55.2(c).
Plaintiff shall file its renewed motion for default judgment on or before December 30, 2021 and is further instructed to serve copies of this Order and its renewed motion (including all supporting papers) on Defendant, and file proof of service on ECF, at the time of filing. Defendant shall 1 oppose the motion by January 31, 2022. The Clerk of Court is respectfully directed to terminate ECF No. 14.
SO ORDERED. 2