Free Order on Motion for Default Judgment - District Court of Delaware - Delaware

Case 1:06-cv-00228-JJF Document 40 Filed 09/19/2006 Page 1 0f 1
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
HERMAN KELLY, ;
Plaintiff, ;
v. E Civil Action No. 06-228-JJF
MBNA AMERICA BANK, Z
Defendant. i

WHEREAS, the Court’s Memorandum Order dated July I8, 2005,
allows Defendant to proceed against Defendant MBNA America Bank
(D . l . 23) ;'
WHEREAS, Plaintiff has filed a Motion for Default Judgment
(D.I. 28), to which Defendant MBNA America Bank makes a special
appearance to inform the Court it has not been properly served
(D . l . 33) ;
WHEREAS, Plaintiff's Motion For Default Judgment is
premature;
NOW THEREFORE, IT IS HEREBY ORDERED that Plaintiff’s Motion
For Default Judgment (D.I. 28) is DENIED without prejudice, with
leave to refile following service of the complaint.
September _Cm_, 2006 .E{?Li¢.¤`iJ !{bL¢x_YQi#
( g = ii!
UNITEH STATES DISTRICT JUDGE