UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY

TOKIO MARINE AMERICA INSURANCE COMPANY a/s/o ITOCHU LOGISTICS (USA) CORPORATION, Civil No.: 17-cv-7491 (KSH) (CLW) Plaintiff,

v. JAN PACKAGING, MCCOLLISTER’S TRANSPORTATION SYSTEMS, INC., BALA TRANSPORT CORP., KING TRANSPORT LLC, NOLAN TRANSPORTATION GROUP, LLC, COURIER SYSTEMS,

Defendants,

-AND-

JAN PACKAGING, ORD ER Defendant-Third Party Plaintiff,

v.

NOLAN TRANSPORTATION GROUP, MCCOLLISTER’S TRANSPORTATION SYSTEMS, INC., AND MASTHEAD INTERNATIONAL, INC.

Third-Party Defendants.

WHEREAS plaintiff Tokio Marine America Insurance Company a/s/o Itochu Logistics (USA) Corporation (“plaintiff”) has moved for default judgment against defendant Bala Transport Corp. (“Bala”) (D.E. 51); and WHEREAS default was entered against Bala on January 26, 2018 (D.E. 31); and WHEREAS “if default is entered against some defendants in a multi-defendant case, the preferred practice is for the court to withhold granting default judgment until the action is resolved on its merits against non-defaulting defendants,” Animal Sci. Prods. v. China Nat’l Metals & Minerals Imp. & Exp. Corp.,

(D.N.J.

2008) (Brown, J.); see also FTC v. Preferred Platinum Services Network, LLC,

, at *2 (D.N.J. Sept. 28, 2010) (Cooper, J.), and WHEREAS this action involves multiple defendants in addition to Bala, as well as a third-party complaint and various crossclaims, including crossclaims against Bala (D.E. 26, 63, 77), and WHEREAS, entering default judgment against Bala under the circumstances would be premature, NOW, THEREFORE, IT IS, on this 3rd day of March, 2020, ORDERED that plaintiff’s motion for default judgment (D.E. 51) is DENIED

WITHOUT PREJUDICE. /s/ Katharine S. Hayden Katharine S. Hayden, U.S.D.J.