govinfo:USCOURTS-mdd-1_25-cv-02837-0

IN THE UNITED STATES DISTRICT COURT 
FOR THE DISTRICT OF MARYLAND 
 
 * 
MORAN INDUSTRIES, INC., * 
 * 
 Plaintiff, * 
 * Civil Case No.: SAG-25-2837 
 v. * 
 * 
TURBO TINTS & TAGS, * 
 * 
 Defendant. * 
 * 
* * * * * * * * * * 
MEMORANDUM OPINION 
 
In this trademark infringement case, Plaintiff Moran Industries, Inc. (“Moran”) seeks 
default judgment against Defendant Turbo Tints & Tags (“Turbo”). ECF 15. Turbo has not filed 
an opposition. This Court has reviewed the record, and no hearing is necessary. See Loc. R. 105.6 
(D. Md. 2025). Because Turbo has not been properly served with process, the motion will be 
denied. 
 Any party seeking default has an uphill battle, as the Fourth Circuit has “repeatedly 
expressed a strong preference that, as a general matter, defaults be avoided and that claims and 
defenses be disposed of on their merits.” Colleton Preparatory Acad. v. Hoover Universal , Inc., 
616 F.3d 413, 417 (4th Cir. 2010). Moreover, any judgment entered without proper service is void 
for lack of personal jurisdiction. See Pennoyer v. Neff , 95 U.S. 714, 732–33 (1878) (finding that 
enforcement of a judgment where the property owner did not receive reasonably calculated notice 
of the action was insufficient to meet requirements of Constitutional Due Process). 
In this case, the return of service shows that Monroe served Turbo by hand -delivering the 
summons and complaint, with various attachments, to an office in Clinton, Maryland. ECF 10 at 
2. The documents were left with an unidentified employee who would not give his name and 

2 
simply directed the process server to “leave the documents at the front desk.” Id . The owner was 
not present. Id. 
 That form of service does not comply with Federal Rule of Civil Procedure 4(h)(1) or 
Maryland Rule 2-124 for service of process on a corporation. Rule 4(h) requires service either as 
permitted by Maryland law or “by delivering a copy of the summons and of the complaint to an 
officer, a managing or general agent, or any other agent authorized by ap pointment or by law to 
receive service of process and —if the agent is one authorized by statute and the statute so 
requires—by also mailing a copy of each to the defendant.” In Maryland, “Service is made upon 
a corporation, incorporated association, or joint stock company by serving its resident agent, 
president, secretary, or treasurer. If the corporation, incorporated association, or joint stock 
company has no resident agent or if a good faith attempt to serve the resident agent, president, 
secretary, or treasurer has failed, service may be made by serving t he manager, any director, vice 
president, assistant secretary, assistant treasurer, or other person expressly or impliedly authorized 
to receive service of process.” Md. Rule 2-124(d). 
Here, Moran has not identified the “John Doe” who told the process server to leave the 
documents at the front desk, in order for this Court to determine whether he is the proper recipient 
of service for Turbo. In the absence of any showing of proper service or actual notice to Turbo of 
this lawsuit, this Court will not grant default judgment. Moran will be afforded one final 
opportunity to obtain a new summons and to serve Turbo in compliance with the applicable rules 
for service of process. 
 
 
 

3 
For the reasons stated above, Moran ’s motion for default judgment , ECF 15, is denied. 
Moran is afforded one final period of sixty days to obtain a new summons for Defendant Turbo 
and to effect service in accordance with the applicable Federal Rule or Maryland Rules governing 
service of process on a corporation. A separate Order follows. 
 
Dated: June 15, 2026 /s/ 
 Stephanie A. Gallagher 
 United States District Judge 

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