Free Motion to Expedite - District Court of Delaware - Delaware

l I Case 1:07-cv—O0335-SLR Document 16 Filed O9/O4/2007 Page 1 of 3
1

IN THE UNITED STATES DISTRICT COURT
1 FOR THE DISTRICT OF DELAWARE
1
ovc, mc. i Q r
1 : CIVIL ACTION
I Plaintiff, A : O
1 : NO. 07-cv-00335-SLR
1 v. ` : 1
CRUISENET CORP.,
I — Defendant.
_ QVC, INC.’S MOTION FOR EXPEDITED HEARING ON ITS
MOTION FOR ENTRY OF DEFAULT JUDGMENT AGAINST
DEFENDANT CRUISENET CORP. PURSUANT TO FED.R.CIV.P. 55gb)g2[
QVC, Inc. ("QVC”), by and through its undersigned counsel, hereby moves this Court for
an order, in the fonn attached hereto, expediting the hearing on its Motion for Entry of Default
Judgment Against Defendant Cruisenet Corp. Pursuant to Fed.R.Civ.P. 55(b)(2).1_ In support of
this motion, QVC respectfully represents as follows:
1. On May 25, 2007, QVC filed its complaint against Cruisenet Corp. ("Cruisenet") ,
alleging breach of contract and seeking damages in the amount of $91,928.30, together with
costs and pre and post judgment interest as allowed by law.
2. Although Cruisenet was served with the Stunmons and Complaint on June 8,
2007, it failed to appear, move or otherwise respond to the Complaint in accordance with
Fed.R.Civ.P. l2.
1 Pursuant to Fed.R.Civ.P. 5(a), "[n]o service need be made on parties in default for failure to appear except that
pleadings asserting new or additional claims for relief against them shall be served upon them in the
manner provided for service of summons in Rule 4." No pleading asserting new or additional claims
against Defendant have been tiled in the within civil action. In accordance with Rule 5(a), therefore, no
copy of the within motion need be served upon Defendant as a result of the entry of default by the Clerk of
the Court.
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I Case 1:07-cv—O0335-SLR Document 16 Filed O9/O4/2007 Page 2 of 3
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' 3. l i On July 3, 2007, QVC filed a Request to Enter Default of Defendant Cruisenet
Corp. Pursuant to Fed.R.Civ.P. 55(a), which was entered by the Court on August 9, 2007.
I 4. Thereafter, on August 10, 2007, QVC filed a Motion for Entry of Default Against
Defendant Cruisenet Corp. Pursuant to Fed.R.Civ.P. 55(b)(2) (“Default Motion") and a
l supporting Memorandum of Law. .
1 1 5. On August 21, 2007, the Court issued an Order scheduling the hearing on QVC’s "
’ Motion to occur on October 10, 2007 at 8:00 a.m.
j 6. Through this Motion, QVC seeks to expedite the hearing on its Default Motion
1 since it has serious concerns regarding the financial wherewithal of Cruisenet. Specifically,
1 QVC fears that it will be greatly prejudiced by a potential dissipation of Cruisenet’s assets prior 1
to the hearing on the Default Motion.
7. To the contrary, there is no prejudice to Cruisenet in expediting the hearing on
QVC’s Default Motion since Cruisenet has had nearly five months to respond to the allegations
contained in the Complaint and has, to date, refused to do so.
1 WHEREF ORE, QVC, Inc. respectfully requests that this Court enter an order:
(a) Expediting a hearing on QVC, Inc.’s Motion for Entry of Default Against
' Defendant Cruisenet Corp. Pursuant to Fed.R.Civ.P~. 55(b)(2); and
1 . (b) Setting a hearing date on QVC, lnc.’s Motion for Entry of Default Against
Defendant Cruisenet Corp. Pursuant to Fed.R.Civ.P. 55(b)(2) to occur on I
or before September 14, 2007.
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. Case 1:07-cv—O0335-SLR Document 16 Filed O9/O4/2007 Page 3 of 3
I
SAUL EWING LLP
I 5 » - / •
I I IALJL¤.; »’ Q/. I, •
I Ki berly L. uso (D No. 3733)
I 222 Delaware Avenue, Suite 1200
I P.O. Box 1266
Wilmington, DE 19899
(302) 421-6868 (
(302) 421-5871 - FAX
I kgattuso@,saul.com
I and
‘ Nathaniel Metz (admitted pro hac vice)
· 1200 Liberty Ridge Drive, Suite 200
Wayne, PA 19087
I (610) 251-5099
‘ (610) 722-3271 — FAX
nmetz@,saul.com _
Dated: September 4, 2007 Counsel for Plaintiff QVC, Inc.
I
5 551430.1 9/4/07 _ 3 _

I I I ·»
i . Case 1:07-cv-00335-SLR Document 16-2 Filed O9/O4/2007 Page 1 of 1
i . IN THE UNITED STATES DISTRICT COURT
I FOR THE DISTRICT OF DELAWARE
ove, mc. S
l : CIVIL ACTION
Plaintiff, :
: NO. 07-cv-00335-SLR
v. _ :
1 :
{ CRUISENET CORP., :
j :
I . Defendant. : ..
ORDER
AND NOW, this day of , 2007, Plaintiff QVC, Inc. having
filed a Motion for Expedited Hearing on Its Motion for Entry of Default Judgment as to
Defendant Cruisenet Corp. and the Court having considered Plaintiffs motion, IT IS HEREBY
ORDERED: .
(a) Plaintiff s Motion for Expedited Hearing on Its Motion for Entry of
Default Judgment is GRANTED; A
(b) A default hearing shall be heard on ,
, 2007 at _.m. in courtroom 6B on the sixth floor of the J. .
Caleb Boggs Federal Building, 844 King Street, Wilmington, Delaware.
E United States District Judge
551430.1 9/4/07 _ 4 _ °