UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY

SAIM SARWAR, Hon. Joseph H. Rodriguez : Plaintiff, Civil No. 20-15685 : v. ORDER : NEELKANTH ENTERPRISES LLC, : Defendant. :

THIS MATTER having come before the Court upon Plaintiff Saim Sarwar’s Motion for Default Judgment [Dkt. No. 9]; and the Clerk having made an Entry of Default on December 14, 2020; and Plaintiff having filed an Amended Complaint on December 20, 2020 [Dkt. No. 7]; and the Court finding that the Clerk’s Entry of Default was filed in response to Defendant’s failure to respond to the Original Complaint, which, by virtue of the Amended Complaint, is no longer the operative pleading in this matter, see United States ex rel. SimplexGrinnell, LP v. Aegis Ins. Co., No. Civ. A. 1:08–1728,

, at *1 (M.D. Pa. Mar. 5, 2009) (“The law is well-settled that an amended complaint supersedes the original complaint rendering it of no legal effect.”); and the Court finding that because the Clerk’s Entry of Default was filed in relation to the superseded pleading, it shall be set aside and Plaintiff’s Motion for Default Judgment [Dkt. No. 9] shall be denied as premature, see Huertas v. TransUnion, LLC, No. CV 08-244 (JBS/AMD),

, at *2 (D.N.J. Nov. 10, 2009) (citations omitted); therefore, IT IS on this 25th day of January, 2021 hereby ORDERED that the Clerk’s Entry of Default be VACATED; and it is further ORDERED that Plaintiff’s Motion for Default Judgment [Dkt. No. 9] be DENIED.

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