Paguada v. LongCap Lamson Products, LLC

S.D. New York

Paguada v. LongCap Lamson Products, LLC

DecidedMarch 28, 2022

Docket1:21-cv-00362

StatusUnknown

This text of Paguada v. LongCap Lamson Products, LLC (Paguada v. LongCap Lamson Products, LLC) is published on Counsel Stack Legal Research, covering District Court, S.D. New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Paguada v. LongCap Lamson Products, LLC, (S.D.N.Y. 2022).

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Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK

JOSUE PAGUADA, Plaintiff, 21-CV-362 (JPO) -v- ORDER LONGCAP LAMSON PRODUCTS, LLC, Defendant.

J. PAUL OETKEN, District Judge: Plaintiff has moved for default judgment. (See Dkt. No. 12.) “[A] court may not properly enter a default judgment unless it has jurisdiction over the person of the party against whom the judgment is sought, which also means that he must have been effectively served with process.” Doe v. Alsaud, 12 F. Supp. 3d 684, 687 (S.D.N.Y. 2014). Plaintiff has not filed proof that he properly served the complaint. Federal Rule of Civil Procedure 4(c)(1) provides that “[a] summons must be served with a copy of the complaint,” and Plaintiff’s affidavit of service states only that his provider “served the summons.” (Dkt. No. 5 at 1.) See United States v. John, No. 18-CV-5045, 2020 WL 5536830, at *9 (E.D.N.Y. Mar. 2, 2020), report and recommendation adopted as modified, No. 18-CV-5045, 2020 WL 4915371 (E.D.N.Y. Aug. 21, 2020). In addition, Plaintiff has not properly served the motion for default judgment. “[A] motion for default judgment will not be granted unless the party making that motion adheres to . . . local and individual rules.” J&J Sports Prods. Inc. v. La Reina Del Sur Rest. & Bar Inc., No. 15-CV-6546, 2016 WL 11544146, at *1 (E.D.N.Y. Aug. 19, 2016). Local Rule 55.2 provides that the motion, and all papers submitted in support of the motion, “shall simultaneously be mailed to the party against whom a default judgment is sought at . . . the last known business address of such party (if a person other than an individual).” Further, “[p]roof of such mailing shall be filed with the Court.” /d. Plaintiff has not filed such proof. Accordingly, Plaintiff's motion for default judgment is denied without prejudice and with leave to renew. SO ORDERED. Dated: March 28, 2022 New York, New York

| J. PAUL OETKEN United States District Judge

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK

JOSUE PAGUADA, Plaintiff, 21-CV-362 (JPO) -v- ORDER LONGCAP LAMSON PRODUCTS, LLC, Defendant.

J. PAUL OETKEN, District Judge: Plaintiff has moved for default judgment. (See Dkt. No. 12.) “[A] court may not properly enter a default judgment unless it has jurisdiction over the person of the party against whom the judgment is sought, which also means that he must have been effectively served with process.” Doe v. Alsaud, 12 F. Supp. 3d 684, 687 (S.D.N.Y. 2014). Plaintiff has not filed proof that he properly served the complaint. Federal Rule of Civil Procedure 4(c)(1) provides that “[a] summons must be served with a copy of the complaint,” and Plaintiff’s affidavit of service states only that his provider “served the summons.” (Dkt. No. 5 at 1.) See United States v. John, No. 18-CV-5045, 2020 WL 5536830, at *9 (E.D.N.Y. Mar. 2, 2020), report and recommendation adopted as modified, No. 18-CV-5045, 2020 WL 4915371 (E.D.N.Y. Aug. 21, 2020). In addition, Plaintiff has not properly served the motion for default judgment. “[A] motion for default judgment will not be granted unless the party making that motion adheres to . . . local and individual rules.” J&J Sports Prods. Inc. v. La Reina Del Sur Rest. & Bar Inc., No. 15-CV-6546, 2016 WL 11544146, at *1 (E.D.N.Y. Aug. 19, 2016). Local Rule 55.2 provides that the motion, and all papers submitted in support of the motion, “shall simultaneously be mailed to the party against whom a default judgment is sought at . . . the last known business address of such party (if a person other than an individual).” Further, “[p]roof of such mailing shall be filed with the Court.” /d. Plaintiff has not filed such proof. Accordingly, Plaintiff's motion for default judgment is denied without prejudice and with leave to renew. SO ORDERED. Dated: March 28, 2022 New York, New York

| J. PAUL OETKEN United States District Judge

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