UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY

CITIZENS BANK N.A., : : Hon. Joseph H. Rodriguez Plaintiff, : : Civil No. 19-12494 v. : : FINE ENTERPRISES INC., STAR : TRANSPORT LLC, and DHARMINDER : ORDER SETHI, : : Defendants. :

This matter having come before the Court on Motion of Plaintiff Citizens Bank N.A. for default judgment [Dkt. No. 7] against Defendants Fine Enterprises Inc., Star Transport LLC, and Dharminder Sethi; and the Clerk having entered default on July 30, 2019; and the Court having reviewed Plaintiff’s written submissions, including the Affidavit of Edward Marchese in Support of Request for Entry of Default Judgment and the Certification of Non-Military Service, attached as Exhibit A; and the Court, accepting the allegations in the Complaint as true, finding that: 1. Default is permissible because “the unchallenged facts constitute a legitimate cause of action” DirecTV, Inc. v. Asher, No. 03-1969,

, at *1 (D.N.J. Mar. 14, 2006) (citing Charles A. Wright, 10A Federal Practice and Procedure § 2688, at 58-59, 63 (3d ed. 1998)); and 2. The Plaintiff will suffer prejudice if the motion is denied, the Defendants, who have not answered, do not appear to have a meritorious defense, and there does not appear to be a legitimate reason for Defendants’ delay in responding to this action, Nautilus Ins. Co. v. Triple C Constr. Co., No. 10-2164,

, at *5 (D.N.J. Jan. 6, 2011); and 3. The Defendants are properly in default, having been served with the Summonses and the Complaint on July 8, 2019, Affidavits of Service [Dkt. Nos. 3-5], and having not answered or otherwise responded; and 4. Plaintiff has set forth, through the Affidavit of Edward Marchese, justification

of damages for a sum certain and entitlement to post-judgment interest pursuant to

; and 5. Plaintiff is entitled to a Judgment of $2,202,036.86 plus post-judgment interest as follows: a. $1,805,529.54 in outstanding principal; b. $250,012.26 in accumulated and owed interest; c. $115,048.35 in late charges; d. $31,446.71 in attorneys fees and costs;

Therefore, IT IS on this 23rd Day of September, 2019, hereby ORDERED that Plaintiff’s Motion for Default Judgment [Dkt. No. 7] is granted.

s/ Joseph H. Rodriguez Hon. Joseph H. Rodriguez, UNITED STATES DISTRICT JUDGE