Court Locations

Greenbelt
6500 Cherrywood Ln - Greenbelt, MD 20770 - Main Tel: 301-344-8018 map
Baltimore
101 W Lombard St Room 8530 - Baltimore, MD 21201 - Main Tel: 410-962-2688
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Trustee’s assignee filed a motion to amend the name of a defendant against which a default judgment had been entered. The trustee had filed a complaint to recover a preferential transfer, naming the defendant as “Signal Electric Construction,” rather than “San Jose Signal Electric Construction.” The defendant received service but did not respond, and a default judgment was entered against “Signal Electric Construction.” Limitations ran on any action the trustee might have pursued against San Jose Signal Electric Construction. Held, because the trustee lacked a reasonable excuse for failing to name the proper defendant and because the defendant had not behaved inappropriately, the motion to amend the judgment was denied.

Entered: 
2008-10-06
Case: 
01-64463
Judge: 
James F. Schneider