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Automotive Rentals, Inc. v. Bama Commercial Leasing LLC

United States District Court, D. New Jersey

March 12, 2018

AUTOMOTIVE RENTALS, INC., Plaintiff,
v.
BAMA COMMERCIAL LEASING LLC and AUTO TRAKK LLC, Defendants.

          EDWARD J. KELLEHER ARCHER & GREINER, PC On behalf of Plaintiff

          ANDREW L. UNTERLACK EISENBERG, GOLD & AGRAWAL, P.C.

          MEMORANDUM OPINION & ORDER

          NOEL L. HILLMAN, U.S.D.J.

         WHEREAS pending before the Court is the motion of Plaintiff Automotive Rentals, Inc. for default judgment against Defendant BAMA Commercial Leasing LLC (BAMA); and

         WHEREAS Plaintiff filed a complaint with this Court on May 31, 2017; and WHEREAS BAMA was served on June 2, 2017; and

         WHEREAS BAMA has not entered an appearance in this matter; and

         WHEREAS Plaintiff filed a request for an entry of default against BAMA on June 27, 2017; and

         WHEREAS the Clerk of the Court entered an entry of default against BAMA on June 28, 2017; and

         WHEREAS Plaintiff filed its Motion for Default Judgment on August 11, 2017; and

         WHEREAS this Court entered a February 9, 2018 Order to Show Cause, finding Plaintiff's complaint did not properly plead the citizenship of Defendants; and

         WHEREAS Plaintiff subsequently filed a February 23, 2018 Amended Complaint; and

         WHEREAS this Court has diversity jurisdiction over this matter pursuant to 28 U.S.C. § 1332, as the parties are diverse[1]and the amount in controversy is in excess of $75, 000, exclusive of interests and costs; and

         WHEREAS Plaintiff filed its Amended Complaint after entry of default and the filing of the Motion for Default Judgment, but prior to this Court rendering a decision on the Motion for Default Judgment; and

         WHEREAS "[a]n amended complaint super[s]edes the original version in providing the blueprint for the future course of a lawsuit, " Snyder v. Pascack Valley Hosp., ...


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