Barnett v. Ubimodo Inc. et al, No. 6:2018cv00418 - Document 103 (D. Or. 2019)

Court Description: OPINION AND ORDER: Plaintiff's Motion for Entry of Default 100 is denied. Signed on 5/24/2019 by Judge Michael J. McShane. (cp) Modified on 5/24/2019 to make the document an Opinion(cp).

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON KELLY A. BARNETT, Plaintiff, v. Civ. No. 6:18-cv-418-MC OPINION AND ORDER UBIMODO, INC., et al, Defendants. _____________________________ MCSHANE, Judge: Plaintiff Kelly Barnett moves this Court for entry of default against Defendant the Soteria Institute and its Advisory Board/Board of Directors. Pl.’s Mot., ECF No. 100. For the reasons set forth below, Plaintiff’s Motion, ECF No. 100, is DENIED. This Court denied Plaintiff’s Motion for Entry of Default on April 30, 2019. Op. and Order 4–5, ECF No. 96 (explaining that an entry of default would be improper because Plaintiff never properly served the Soteria Institute). Plaintiff was the given 14 days to effectuate service on the Soteria Institute. Id. at 5. Plaintiff again moves for an entry of default against the Soteria Institute, arguing that she “made service by mailing the request for Notice of Default” to the Soteria Institute’s address, 161 S. Oak St., Suite 151, Sisters, OR 97759. Pl.’s Mot. 2, ECF No. 100. Because Plaintiff still fails to demonstrate effective service of summons and the operative 1 – OPINION AND ORDER complaint on the Soteria Institute’s registered agent, Michael Corning, under Fed. R. Civ. P. 4(h)(1), her Motion for Notice of Default, ECF No. 100, is DENIED. IT IS SO ORDERED. DATED this 24th day of May, 2019. _ 2 – OPINION AND ORDER s/Michael J. McShane Michael J. McShane United States District Judge _

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