Eric & Co. Trading Grp. LLC v. Mayweather

OPINION AND ORDER DENYING MOTION FOR ENTRY OF DEFAULT JUDGMENT AND DISMISSING AMENDED COMPLAINT Plaintiff Eric & Co Trading Group LLC brings this action against Defendant Floyd Joy Mayweather Jr., asserting claims for breach of contract, quantum meruit, and unjust enrichment. (Amended Complaint (“Am. Compl.”) [ECF No. 10]

13-62). Plaintiff filed an affidavit of service of the summons and Amended Complaint, which stated that Defendant had been served on November 6, 2021. [ECF No. 11]. Pursuant to Rule 12 of the Federal Rules of Civil Procedure, a defendant must answer or otherwise respond to a complaint within 21 days after being served with the summons and complaint. Fed. R. Civ. P. 12(a)(1). Defendant failed to timely appear or respond to Plaintiff’s Amended Complaint. Plaintiff now moves for entry of a default judgment against Defendant. In support of its motion, Plaintiff submitted the Declaration of Albert Y. Dayan, attorney to Plaintiff. (Dayan Decl. [ECF No. 21]). BACKGROUND Plaintiff is a seller of high-end jewelry based in New York. (Am. Compl. 10).¹ Defendant is an internationally known professional boxer who resides in Florida. (Am. Compl.