TURK v. INVACARE CORPORATION et al, No. 1:2009cv00258 - Document 26 (W.D. Pa. 2010)
Court Description: MEMORANDUM OPINION AND ORDER re 25 MOTION for DEFAULT and DEFAULT JUDGMENT against MOBILITY PRODUCTS UNLIMITED, LLC, filed by MICHAEL TURK. IT IS ORDERED that Plaintiff's Request for Entry of Default and Default Judgment is DENIED WITHOUT PREJUDICE. Signed by Judge Maurice B. Cohill on 10/26/2010. (sjs)
Download PDF
<![CDATA[
TURK v. INVACARE CORPORATION et al Doc. 26 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA MICHAEL TURK, Plaintiff, v. INVACARE CORPORATION, MOBILITY PRODUCTS UNLIMITED, LLC, and ROADRUNNER MOBILITY, Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) C.A. No. 09-258E MEMORANDUM OPINION AND ORDER Pending before this Court is Plaintiffs Request for Entry of Default and Default Judgment Against Defendant Mobility Products Unlimited, LLC [Doc. #24]. At paragraph 4 of his Request, Plaintiff states: "[o]n September 15,2009, Defendant Mobility Products Unlimited, LLC was served by certified mail with the Complaint filed in the Court of Common Pleas of Venango County, Pennsylvania. (See Notice attached hereto as Exhibit A)." Plaintiff further states at paragraph 10 of the Request: "[t]his Honorable Court should enter a default and a default judgment against defendant Mobility Products Unlimited, LLC because said defendant did not file an answer within 20 days after September 15,2009, the date of original service. Fed.R.Civ.P. 12 (a)(I)(A)." Upon review of the documentation attached to his Request, however, Plaintiff did not attach any evidence of service as stated in paragraph 4 of the Request. Accordingly, Plaintiffs Request for Entry of Default and Default Judgment Against Defendant Mobility Products Dockets.Justia.com Unlimited, LLC is denied. Said denial is without prejudice to Plaintiff to file his request again with evidence of service attached. c;;: AND NOW, this ]. , day of October, 2010, it is hereby ORDERED, ADJUDGED, AND DECREED that Plaintiffs Request for Entry of Default and Default Judgment Against Defendant Mobility Products Unlimited, LLC [Doc. #24] is DENIED WITHOUT PREJUDICE. Maurice B. Cohill, Jr. Senior District Court Judge 2
]]>
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You
should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
