Chevrestt v. Emmis Communications Corporation
Chevrestt v. Emmis Communications Corporation
Trial Court Opinion
| USDC SDNY DOCUMENT UNITED STATES DISTRICT COURT i} ELECTRONIC ADLY FILED SOUTHERN DISTRICT OF NEW YORK | DOC #: ee eee ee ee eee ee ee ee ee ee ee ee ee eK et ANGEL CHEVRESTT, DATE FILED:_2./(5/2020 □ | Plaintiff,
-against- 18-cv-6304 (LAK)
ENNIS COMMUNICATIONS CORPORATION, et al., Defendants. tt □□ eB HR □□□ eee eH HK ORDER LEWIs A, KAPLAN, District Judge. Plaintiff moves for a default judgment against defendants Flexco, LLC (“Flexco”) and IFWT, INC, (“IFWT”) Before a district court enters a default judgment, it first may satisfy itself as to whether it has personal jurisdiction. City ofNew York v. Mickalis Pawn Shop, LLC,
645 F.3d 114, 133 Qd Cir. 2611). According to the public records of the New York Department of State, Flexco is an Indiana limited liability company, the registered agent for which is CT Corporation System. Plaintiff's affidavit of service, however, asserts that Flexco was served personally by service on one Aston Taylor, Ji., in Ardsley, New York who, according to the affidavit was known by the affiant to be authorized to accept service on behalf of Flexco. No facts are stated to support the affiant’s claim. Accordingly, the Court has no proper basis upon which to conclude that Flexco was served effectively and thus became subject to the Court’s personal jurisdiction, IFWT stands differently. The public records of the Department of State reveal that it is a New York corporation and that Mr. Taylor is its registered agent for service of process. It was served in the same manner as Flexco. Accordingly, there is no apparent defect in personal jurisdiction as to IFWT. Accordingly, plaintiff's motion for default judgments against Flexco and IFWT (Dkt 48) is granted as to IFWT and denied as to Flexco. The Court will enter an appropriate judgment against IFWT. SO ORDERED. Dated: February 13, 2020
Lewis A. Kapla United States District Fudge
Reference
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