Document 42

Case Document 42 Entered on FLSD Docket 06/23/2009 Page 1 of 3 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO. 08-CV-80119-Marra/Johnson JANE DOE No. 2 Plaintiff, VS. Defendant. / MOTION TO SET ASIDE ORDER OF DEFAULT Defendant , pursuant to Federal Rule of Criminal Procedure 55(c), hereby moves to set aside the Order of Default entered on June 17, 2009 (DE 39). There is good cause to set aside the default, because plaintiff did not make proper service under New York law. Alternatively, even if proper service was made, the time for a responsive pleading has not expired. Plaintiff did not execute proper service under New York law. Federal Rule of Civil Procedure 4 states in pertinent part that a party may be served "by following state law for serving a summons in an action brought in courts of general jurisdiction in the state where the district court is located or where service is made." See Fed. R. Civ. P. 4 (e)(1). Here, plaintiff asserts that s