Charles Kenyatta Has His Certificate Of Default Against Diddy Vacated By The Judge (1/2/25)

Beyond The Horizon

In the case of Kenyatta v. Combs et al., No. 1:2024cv06923, the plaintiff, Charles Kenyatta Jr., filed a trademark infringement lawsuit against defendants Sean Combs and Bad Boy Entertainment (BBE). Kenyatta alleged that BBE was served on October 4, 2024, and subsequently obtained a Certificate of Default when BBE did not respond. BBE moved to vacate this default, contending that service was deficient and that the court lacked personal jurisdiction
Upon review, the court found that the summons served lacked the Clerk's signature and seal, rendering the service improper and depriving the court of personal jurisdiction over BBE. Additionally, the court determined that BBE's default was not willful, that vacating the default would not prejudice the plaintiff, and that BBE had presented potentially meritorious defenses. Consequently, the court granted BBE's motion to vacate the Certificate of Default.
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source:
gov.uscourts.nysd.628369.42.0.pdf