UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
UNITED STATES OF AMERICA,
Plaintiff,
v.
SCUBA RETAILERS
ASSOCIATION, INC.,
Defendant.
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CIV-ZLOCH
CASE NO. 96-6112
AFFIDAVIT FOR
ENTRY OF DEFAULT
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RICHARD E. REED, hereby declares under penalty of perjury, pursuant to 28
U.S.C. § 1746(2) that the following statements are true and correct:
1. That I am an attorney for the United States Department of Justice,
Antitrust Division and in that capacity have been assigned to represent
the interests of Plaintiff in the above captioned matter.
2. I hereby make application to the Clerk of this Court for entry
of default as to defendant SCUBA RETAILERS ASSOCIATION, INC., pursuant
to Rule 55(a), Federal Rules of Civil Procedure, and in support of this
application do show that:
- The defendant was personally served, through its Executive Director,
James R. Estabrook, with copies of Plaintiff's Summons and Complaint
as provided by Rule 4(c)(1), Federal Rules of Civil Procedure;
- Upon Plaintiff's information and belief, the defendant, being an
Illinois corporation with its principal place of business in Somerville,
Massachusetts, is neither an infant nor an incompetent person requiring
special service in accordance with Rule 4(g), Federal Rules of Civil
Procedure, and is not serving with the armed forces of the United States
entitled to the protection of 50 U.S.C. App. Section 520;
- The defendant has neither answered nor otherwise responded formally
to the Plaintiff's Summons and Complaint, and the time to do so, as
provided in Rule 12(a), Federal Rules of Civil Procedure, has expired;
- Copies of this Affidavit and the Motion and Supporting Memorandum
of Law, with attachment, seeking entry of default judgment, which are
being filed herewith, have this date been served upon the defendant
by regular mail, postage prepaid.
FAX NO. (404) 331-7110
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_______________/s/________________
Richard E. Reed
Attorney
Antitrust Division
U.S. Department of Justice
Suite 1176
75 Spring Street, S.W.
Atlanta, Georgia 30303
(404) 331-7100
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Date: April 17, 1996
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