Lipenga v. Kambalame

MOTION for Clerk's Entry of Default for want of answer or other defense

D. Md.January 28, 2016

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND FAINESS B. LIPENGA, Plaintiff, v. JANE N. KAMBALAME, Defendant. ) ) ) ) ) ) ) ) ) ) CIVIL ACTION NO. 8:14-cv-3980 PLAINTIFF’S RENEWED MOTION FOR ENTRY OF DEFAULT Judge George Hazel PLAINTIFF’S RENEWED MOTION FOR ENTRY OF DEFAULT This action arises out of the illegal trafficking, forced labor, and tortious treatment of Fainess Bertha Lipenga (“Plaintiff”) at the hands of Jane Ngineriwa Kambalame (“Defendant” or “Ms. Kambalame”) while the latter was a diplomat at the Embassy of the Republic of Malawi in Washington, D.C. from May 2004 to January 2007. On December 28, 2015, this Court ordered Plaintiff to serve Defendant, Jane Kambalame, with process by 1) emailing copies of the summons, Complaint, and the Court’s Memorandum Opinion and Order to jkambalame@aol.com; and 2) transmit copies of the summons, Complaint, and the Court’s Memorandum Opinion and Order to https://www.facebook.com/jkambalame. ECF No. 18. On December 30, 2015, Plaintiff’s Counsel complied with the Court’s order by sending an email to jkambalame@aol.com and a Facebook message to https://www.facebook.com/jkambalame attaching copies of the summons, Complaint, and the Court’s Memorandum Opinion and Order. See ECF No. 19-1. Pursuant to the summons, Defendant was entitled to 21 days from the date of service to file an answer. To date, no notice of appearance or responsive pleading has been served by Case 8:14-cv-03980-GJH Document 20 Filed 01/28/16 Page 1 of 2 - 2 - Defendant upon attorneys for Plaintiff in this case. Thus, pursuant to Fed. R. Civ. P. 55(a), Plaintiff moves for an entry of default as Defendant has been properly served pursuant to Fed R. Civ. P. 4(f)(3) and has failed to plead or otherwise defend in this action. Dated: Jan. 28, 2015 Respectfully Submitted, _/s/ Lindsay E. Reimschussel________ Lindsay E. Reimschussel (Pro Hac Vice) U.S. District Court of Md. Bar No. 802847 lreimschussel@jonesday.com Christopher N. Thatch U.S. District Court of Md. Bar No. 29097 cthatch@jonesday.com Melissa S. Gorsline (Pro Hac Vice) U.S. District Court of Md. Bar No. 803332 msgorsline@jonesday.com Charles T. Kotuby, Jr. (Pro Hac Vice) U.S. District Court of Md. Bar No. 803334 ctkotubyjr@jonesday.com JONES DAY 51 Louisiana Avenue, N.W. Washington, D.C. 20001.2113 Telephone: +1.202.879.3939 Facsimile: +1.202.626.1700 Attorneys for Plaintiff, Fainess B. Lipenga Case 8:14-cv-03980-GJH Document 20 Filed 01/28/16 Page 2 of 2