Sunteck Transport Company, LLC v. TCSL, Inc.

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 SUNTECK TRANSPORT COMPANY, No. 2:19-cv-2364-TLN-EFB

LLC,

12 Plaintiff, ORDER v.

TCSL, INC.,

15 Defendant.

17 This case is before the court on plaintiff Sunteck Transport Company, LLC’s motion for 18 default judgment against defendant TCSL, Inc. ECF No. 7. As explained below, the record does 19 not demonstrate that defendant was properly served with a copy of the summons and complaint. 20 Accordingly, plaintiff’s motion for default judgment is denied without prejudice to renewal and 21 the entry of defendant’s default is vacated. 22 Shortly after commencing this action, plaintiff filed a certificate of service stating that it 23 attempted to complete service on defendant’s authorized agent for service, Peter Svit, by 24 substitute service. ECF No. 7. More specifically, the certificate of service states that on 25 November 27, 2019, a process server delivered a copy of the summons and complaint, as well as 26 27 This case was referred to the undersigned pursuant to Eastern District of…