042.pdf
49.3 KB
Extraction Summary
3
People
2
Organizations
3
Locations
4
Events
2
Relationships
5
Quotes
Document Information
Type:
Legal motion (civil)
File Size:
49.3 KB
Summary
This document is a Motion to Set Aside Order of Default filed by attorney Bruce E. Reinhart on behalf of defendant Sarah Kellen in the case Jane Doe No. 2 v. Sarah Kellen. Kellen argues that the default judgment entered on June 17, 2009, is invalid because the plaintiff failed to properly serve the summons under New York law (specifically regarding timing of filing the affidavit of service) and because the time for a responsive pleading had not yet expired when the default was entered.
People (3)
| Name | Role | Context |
|---|---|---|
| Sarah Kellen | Defendant |
Epstein associate; moving to set aside a default judgment due to improper service.
|
| Jane Doe No. 2 | Plaintiff |
Anonymous plaintiff suing Sarah Kellen.
|
| Bruce E. Reinhart | Attorney |
Counsel for Defendant Sarah Kellen; filed the motion.
|
Organizations (2)
Timeline (4 events)
2009-04-25
Summons delivered to a doorman at a building where plaintiff allegedly has an apartment.
New York (implied)
Doorman
Process Server
2009-06-12
Affidavit of Service filed in Court (44 days after mailing).
Southern District of Florida
Plaintiff
Locations (3)
| Location | Context |
|---|---|
|
Court jurisdiction
|
|
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State where service was attempted; governing law for service validity
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Address of attorney Bruce E. Reinhart
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Relationships (2)
Reinhart signs the motion as counsel for Kellen.
Case caption: Jane Doe No. 2 vs. Sarah Kellen
Key Quotes (5)
"Defendant Sarah Kellen... hereby moves to set aside the Order of Default entered on June 17, 2009"Source
042.pdf
Quote #1
"Plaintiff did not execute proper service under New York law."Source
042.pdf
Quote #2
"service upon the doorman was sufficient to satisfy the requirement that the summons be affixed to a dwelling place or usual place of abode."Source
042.pdf
Quote #3
"By waiting 44 days to file the Affidavit of Service, plaintiff did not comply with the New York requirement that the proof of service 'shall be filed... within twenty days'"Source
042.pdf
Quote #4
"The Order of Default entered on June 17, 2009, should be set aside because, as of that date no responsive pleading was due, so there was no default."Source
042.pdf
Quote #5
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