Brittany Wright v. A&O Enterprises, Inc.

Summary

This report and recommendation addresses Plaintiff Brittany Wright’s motion for default judgment in a copyright infringement action against A&O Enterprises, Inc. The magistrate judge recommends denying the motion because the record does not contain a Texas Secretary of State Whitney certificate establishing service, leaving the Court without personal jurisdiction over the defendant.

Holdings

1. The record did not affirmatively establish valid substituted service because it lacked the Secretary of State's Whitney certificate proving that process was served and forwarded to Defendant.
2. The Court could not enter default judgment because the record did not establish valid service and therefore did not establish personal jurisdiction over Defendant.

Questions Presented

1. Whether the record established valid service of process on Defendant through the Texas Secretary of State.
2. Whether the Court could enter a default judgment without proof of valid service and resulting personal jurisdiction over Defendant.

Disposition

other