MARTUCCI v. GONZALEZ et al, No. 2:2014cv03267 - Document 13 (D.N.J. 2014)
Court Description: OPINION AND ORDER granting 11 Defendant's Motion to Vacate, etc. Signed by Judge William J. Martini on 11/19/14. (gh, )
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NOT FOR PUBLICATION UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW JERSEY Docket No.: 14-cv-3267-WJMMF WILLIAM MARTUCCI, Plaintiff, v. OPINION & ORDER GERARDO GONZALEZ, YAMEL GONZALEZ a/k/a YAMEL MARTUCCI GONZALEZ, AND JOHN AND JANE DOES, Defendants. WILLIAM J. MARTINI, U.S.D.J.: This matter comes before the court upon Defendants’ motion to vacate default and Plaintiff’s cross-motion for default judgment. For the reasons set forth below, Defendants’ motion is granted, and Plaintiff’s cross-motion is denied. I. BACKGROUND On September 15, 2014, this Court issued an Order and Opinion on Plaintiff’s previous motion for default judgment and Defendants’ previous cross-motion to vacate default. The relevant factual background and legal standards are written in that Opinion, so we need not repeat them here. The Order denied both motion and cross-motion. In that Opinion, the Court stated that [Defendants’] briefing contains the germs of meritorious defenses, but it lacks any firm factual denials or legal defenses. Moreover, Defendants failed to attach an Answer to the Complaint, as Local Civil 1 Rule 7.1 requires. The court will deny the [Defendants’] motion [to vacate default] due to the procedural and substantive infirmities in Defendants’ motion. Denial is without prejudice. The Defendants may file another motion that presents a well-stated meritorious defense and attaches a proposed Answer to the Complaint within 30 days of the order. (ECF No. 9). Within 30 days of the order, Defendants filed an Answer and a new motion to vacate default. This motion contains meritorious defenses. For example, the Defendants claim that Plaintiff has no proof of damages. Finding good cause to vacate default, IT IS on this 19th day of November 2014 hereby ORDRED that Defendants’ motion to vacate default is hereby GRANTED; and it is further ORDERED that Plaintiff’s motion to enter default judgment is hereby DENIED. /s/ William J. Martini _____________________________ WILLIAM J. MARTINI, U.S.D.J. 2
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