Good Night Investments v. Marc Oliver Kozlowski

Background

Good Night Investments, LLC filed the complaint on May 30, 2025. The court extended the time for service, and a process server left the summons and complaint at Marc Oliver Kozlowski’s residence with Laura Williams on August 15, 2025. The process server then mailed copies to the residence on August 19, 2025.

The Clerk entered default against Kozlowski on September 10, 2025. Kozlowski, who was representing himself, moved to quash service of process and set aside the default. He argued that Williams did not permanently live at his residence and was not authorized to accept service for him. Williams submitted a declaration supporting his position. Good Night Investments opposed the motion and submitted evidence that Williams had continuously resided at the residence since September 2016, including records listing that address.

Service of Process

The court held that service complied with Federal Rule of Civil Procedure 4(e)(2)(B), which permits service on an individual by leaving the summons and complaint at the person’s dwelling or usual place of abode with someone of suitable age and discretion who resides there.

The court stated that Kozlowski did not dispute that the documents were left at his dwelling or that Williams was of suitable age and discretion. The only disputed issue was whether Williams resided there. The court found Williams’s declaration insufficient to overcome the signed return of service, which was prima facie evidence—meaning initial evidence—of valid service. The court also found the declaration not credible in light of the records submitted by Good Night Investments. The court rejected Kozlowski’s argument that Williams needed authorization to accept service, explaining that authorization is not required for service under Rule 4(e)(2)(B).

Setting Aside the Default

Under Federal Rule of Civil Procedure 55(c), a court may set aside an entry of default for good cause. The court considered whether Kozlowski’s default resulted from culpable conduct, whether he had a potentially meritorious defense, and whether removing the default would prejudice Good Night Investments.

The court found that Kozlowski had not shown good cause. It agreed that his conduct was culpable because he had constructive notice of the action and failed to respond. Kozlowski provided no evidence or specific facts showing a defense. The court also agreed that reopening the case would cause undue delay to Good Night Investments, which had already tried numerous times to serve Kozlowski.

Disposition

Judge Beth Labson Freeman ordered that Kozlowski’s motion to quash service of process and set aside default is DENIED. The court ordered Good Night Investments to submit a motion for default judgment within 60 days of the order. The opinion does not state that default judgment was entered or that it would necessarily be granted.