govinfo:USCOURTS-ohsd-1_23-cv-00641-5

THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION AT CINCINNATI
GS HOLISTIC, LLC,
Plaintiff,
V.
STARS WIRELESS & SMOKE,
LLC, d/b/a STARS WIRELESS, et
al..
Defendants.

Judge Walter H. Rice
ORDER OVERRULING PLAINTIFF GS HOLISTIC, LLC'S MOTION FOR JUDICIAL
DEFAULT (DOC. #59) WITHOUT PREJUDICE TO RENEWAL UPON RENEWED
ENTRY OF DEFAULT AGAINST DEFENDANT MAHMOUD ALILI AND SUBJECT TO
CONDITIONS SET FORTH BELOW; CLERK OF COURT IS DIRECTED TO ISSUE A
RENEWED ENTRY OF DEFAULT AGAINST DEFENDANT ALILI
This case is before the Court on Plaintiff GS Holistic LLC's Motion for
Judicial Default. (Doc. #59). Plaintiff has filed the Motion pursuant to FED. R. CIV.P
55(b) {id. at PAGEID 191), which pertains to the entry of default judgment. In
support, Plaintiff notes that, in contravention of this Court's March 19, 2026,
Order, Defendant Mahmoud Alili failed to file a Motion to Dismiss for Lack of
Personal Jurisdiction by the Order's April 13, 2026, deadline. (Id., citing Order,
Doc. #56, PAGEID 184). However, on January 23, 2026, the Court vacated the
previous Clerk of Court's Entry of Default as against Defendant Alili. (Order, Doc.
#49, citing Entry of Default, Doc. #27). Accordingly, the Clerk must issue a
Case: 1:23-cv-00641-WHR Doc #: 64 Filed: 06/03/26 Page: 1 of 2 PAGEID #: <pageID>
renewed Entry of Default against Alili prior to Plaintiff moving for default
judgment. As Alili has not filed any motion or otherwise participated in the
instant case since the Court's March 19, 2026, Order, the Court directs the Clerk to
issue a renewed Entry of Default against Alili.
The Entry of Default as against Defendant Stars Wireless and Smoke, LLC,
d/b/a Stars Wireless (Doc. #27), remains in effect, and Stars Wireless has not
obtained counsel, much less participated in the case. However, the information
contained within the four corners of Plaintiff's Motion does not allow the Court to
"determine the amount of damages; [or] establish the truth of any allegation by
evidence!. ]" FED. R. CIV. P. 55(b)(2)(B-C). Consequently, the Court cannot grant
default judgment based on the Motion. Any renewed motion must contain proof
of Stars Wireless's liability and a specific amount of damages.
For the foregoing reasons, the Clerk of Court is DIRECTED to issue a
renewed Entry of Default as against Alili. Plaintiff's Motion (Doc. #59) is
OVERRULED WITHOUT PREJUDICE to renewal upon re-entry of default against
Alili and subject to the conditions set forth above.
IT IS SO ORDERED v--7^
-^
WALTER H. RICE, JUDGE
UNITED STATES DISTRICT COURT
Case: 1:23-cv-00641-WHR Doc #: 64 Filed: 06/03/26 Page: 2 of 2 PAGEID #: <pageID>

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