IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF INDIANA

HAMMOND DIVISION

ROBERT HOLLAND )

)

Plaintiff, )

)

vs. ) No. 2:13-cv-00491

)

CERBERUS CAPITAL MANAGEMENT, )

et al., )

)

Defendants. )

ORDER

This matter is before the Court on the: (1) “Request for

Clerk’s Entry of Default Judgment,” filed by pro se Plaintiff,

Robert Holland, on June 19, 2014 (DE #37); (2) “Motion for Final

Judgment Sum Certain,” filed by pro se Plaintiff, Robert Holland,

on June 25, 2014 (DE #45); (3) “Request for Default Judgment Sum

Certain by the Clerk of the Court,” filed by pro se Plaintiff

Robert Holland, on July 29, 2014 (DE #71); and (4) “Request for

Default Judgment by the Court,” filed by pro se Plaintiff, Robert

Holland, on July 29, 2014 (DE #72). As set forth below, the

“Request for Default Judgment by the Court” (DE #72), is DENIED. 

The other motions for default judgment (DE ##37, 45, and 71) are

TAKEN UNDER ADVISEMENT. Holland is ORDERED to file a memorandum

on or before September 30, 2014, showing why he has perfected

service upon Paul Davis, Bull Dog Towing, and the CEO of Bull Dog

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Towing, in accordance with Federal Rule of Civil Procedure Rule

4(e) and 4(h).

The “Request for Default Judgment by the Court” (DE #72),

filed by Holland on July 29, 2014, requests default judgment

against Defendants Chrysler and Paul Davis. Chrysler filed a

motion to dismiss on the same day, July 29, 2014 (DE #69), thus

this motion (DE #72) is DENIED. 

Holland also filed a “Request for Default Judgment Sum Certain

by the Clerk of the Court,” on July 29, 2014 (DE #71), requesting

default judgment on Defendant, Paul Davis. Paul Davis has not

appeared in this case. However, this Court has reviewed the

returned summons (DE #16), and notes that it was addressed to Paul

Davis c.o CEO Chrysler, 2777 Inkster Road, Farmington Hills,

Michigan 48334, and received by a “Janet Hicks” on May 27, 2014. 

(DE #16). The complaint alleges that Paul Davis was a part of the

Supervisor Chrysler Customer Assistance Team. (DE #1, ¶ 13.) Yet,

a search of the 277 Inkster Road address revealed that is

associated with Daimler Chrysler Insurance. Holland is ORDERED to

file a memorandum on or before September 30, 2014, showing why he

has perfected service upon Paul Davis in accordance with Federal

Rule of Civil Procedure Rule 4(e).

Holland also filed a “Request for Clerk’s Entry of Default

Judgment” (DE #37) and “Motion for Final Judgment” (DE #45),

requesting the entry of default and default judgment against

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Defendants Bull Dog Towing and the CEO of Bull Dog Towing. The

summons for Bull Dog Towing was sent by certified mail to

“Owner/CEO Bull Dog Towing, 641 Joliet Street, Dyer, IN 46311,” and

received and signed by an “L. Clubb” on May 23, 2014 (DE #9) and

the summons for the CEO of Bull Dog Towing was addressed to:

“owner/CEO Bull Dog Towing,” 641 Joliet Street, Dyer, IN 46311, and

signed and received by “L. Kosiara.” (DE #10.) Holland is ORDERED

to file a memorandum on or before September 30, 2014, showing why

he has perfected service upon Bull Dog Towing and the CEO of Bull

Dog Towing in accordance with Federal Rule of Civil Procedure Rule

4(e) and 4(h).

DATED: September 16, 2014 /s/ RUDY LOZANO, Judge

 United States District Court

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