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Knit With v. Knitting Fever

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA


July 13, 2010

THE KNIT WITH, PLAINTIFF,
v.
KNITTING FEVER, INC., DESIGNER YARNS, LTD., FILATURA PETTINATA V.V.G. DI STEFANO VACCARI & C., SION ELALOUF, DIANE ELOUF, JEFFREY J. DENECKE, JR., JAY OPPERMAN, AND DEBBIE BLISS, DEFENDANTS.
THE KNIT WITH, PLAINTIFF,
v.
EISAKU NORO & CO., LTD., KNITTING FEVER, INC., SION ELALOUF, DIANE ELALOUF, AND JAY OPPERMAN, DEFENDANTS.

The opinion of the court was delivered by: Ronald L. Buckwalter, S.J.

ORDER

AND NOW, this 13th day of July, 2010, upon consideration of the Motion of Defendant Filatura Pettinata V.V.G. Di Stefano Vaccari & C. ("Filatura") to Dismiss for Insufficient Service (Docket No. 113), the Response of Plaintiff The Knit With (Docket No. 138), and Defendant Filatura's Reply Brief (Docket No.142); the Motion of Defendant Designer Yarns, Ltd. ("Designer Yarns") to Dismiss for Insufficient Service (Docket No. 119), the Response of Plaintiff The Knit With (Docket No. 134), and Defendant Designer Yarns's Reply Brief (Docket No. 141); the Motion of Defendant Debbie Bliss to Dismiss for Insufficient Service (Docket No. 121), the Response of Plaintiff The Knit With (Docket No. 136), and Defendant Debbie Bliss's Reply Brief (Docket No. 140); the Motion of Defendant Designer Yarns to Set Aside Default (Docket No. 118) and the Response of Plaintiff The Knit With (132); the Motion of Defendant Debbie Bliss to Set Aside Default (Docket No. 120) and the Response of Plaintiff The Knit With (Docket No. 133); and Plaintiff's Motion to Strike Defendants' Briefs in Reply to Plaintiff's Responses to Defendants' Motions to Dismiss and to Set Aside Entry of Defaults (Docket No. 147); the Letter from Plaintiff's counsel dated June 30, 2010; and the Letter from Defendants' counsel dated July 1, 2010, it is hereby ORDERED as follows:

1. Plaintiff's Motion to Strike Defendants' Briefs (Docket No. 147) is DENIED;

2. The Motions of Defendants Designer Yarns and Debbie Bliss to Set Aside Defaults (Docket Nos. 118 and 120) are GRANTED, and the Defaults entered against these Defendants are VACATED;

3. The Motions of Defendants Filatura, Designer Yarns, and Debbie Bliss to Dismiss for Insufficient Service (Docket Nos. 113, 119, and 121) are GRANTED IN PART AND DENIED IN PART as follows:

a. Service of process on Defendants Filatura, Designer Yarns, and Debbie Bliss is QUASHED;

b. Plaintiff shall have sixty (60) days from the date of this Order to effect proper service on the above Defendants. Should Plaintiff fail to do so within that time limit, Plaintiff's actions against those Defendants shall be dismissed with prejudice.

It is so ORDERED.

20100713

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