Traffic Tech, Inc. v. Velox Group, Inc.

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 TRAFFIC TECH, INC., a California No. 2:19-cv-1793-KJM-EFB corporation, 12 Plaintiff, ORDER v. 14 VELOX GROUP, INC., a California corporation, Defendant. 17 This case is before the court on plaintiff Traffic Tech, Inc.’s motion for default judgment against defendant Velox Group, Inc. ECF No. 11. As explained below, the record fails to demonstrate that defendant was properly served with a copy of the summons and complaint. Accordingly, plaintiff’s motion for default judgment must be denied without prejudice to renewal. Shortly after commencing this action, plaintiff filed a proof of service indicating that it a served “Velox Group, Inc. c/o Agent for Service of Process Transportation Authority, LLC” by serving “Peter S. Doody, Agent for Service” by substitute service. ECF No. 5; see Fed. R. Civ. P. 4(g) & 4(e)(1); Cal. Civ. P. Code § 415.20(a). More specifically, a process server notes that he served Mr. Doody by leaving a copy of the summons…