IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA WESTERN DIVISION Civil Action

No.: 5:11-CV-00132 MASTERFILE CORPORATION, Plaintiff, v. NIRVELLI DAY SPA CORPORATION; DAVID SEFRIED and HEATHER SEFRIED, Defendant. MOTION FOR ENTRY OF DEFAULT

Plaintiff moves the Court, pursuant to Rule 55 of the Federal Rules of Civil Procedure, for Entry of Default against Defendants Nirvelli Day Spa Corporation, David Sefried and Heather Sefried (Defendants) and Plaintiff respectfully shows the Court: 1. On March 24, 2011, Plaintiff filed its Complaint seeking damages for copyright

infringement against Defendants. 2. 3. Summons were issued to Defendants on March 29, 2011. Nirvelli Day Spa Corporation, David Sefried and Heather Sefried were served

with a Summons and a copy of the Complaint in this action on May 7, 2011, May 10, 2011, and May 11, 2011, respectfully, as evidenced by the Affidavit of Service (Docket Entry # 7) filed in this action on May 18, 2011. 4. The Defendants have failed to plead or otherwise appear within the time period

permitted by law and are subject to the entry of default as provided by the Federal Rules of Civil Procedure.

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WHEREFORE, Plaintiff requests the Court to enter default in favor of Plaintiff against Defendants. This 21st day of June, 2011. s/ Douglas M. Jarrell Douglas M. Jarrell N.C. Bar No. 21138 djarrell@rbh.com Attorneys for Plaintiff ROBINSON BRADSHAW & HINSON, P.A. 101 North Tryon Street, Suite 1900 Charlotte, North Carolina 28246 Telephone: 704.377.2536 Facsimile: 704.378.4000

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CERTIFICATE OF SERVICE I hereby certify that I electronically filed the foregoing MOTION FOR ENTRY OF DEFAULT using the CM/ECF system and served upon each of the parties to this action by depositing same in the United States mail, postage prepaid, in an envelope(s) addressed as follows: Nirvelli Day Spa Corporation c/o Officer, Director or Managing Agent 1003 High House Road Suite 104 Cary, North Carolina 27513 David & Heather Sefried 1105 Fallen Oak Drive Apex, North Carolina 27502

This 21st day of June, 2011.

/s/ Douglas M. Jarrell Douglas M. Jarrell djarrell@rbh.com

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA WESTERN DIVISION Civil Action No.: 5:11-CV-00132 MASTERFILE CORPORATION, Plaintiff, v. NIRVELLI DAY SPA CORPORATION; DAVID SEFRIED and HEATHER SEFRIED, Defendant. ENTRY OF DEFAULT

This cause having come before the undersigned Clerk of the United States District Court for the Eastern District of North Carolina, Western Division, upon Complaint in the case, and upon application by the Plaintiff through a Motion for Entry of Default against Defendants Nirvelli Day Spa Corporation, David Sefried and Heather Sefried; and It appearing to the Court that the Defendants herein are in default for failure to appear or serve a response to the Summons and Complaint; NOW, THEREFORE, default is hereby entered as against Defendants Nirvelli Day Spa Corporation, David Sefried and Heather Sefried. This ____ day of June, 2011. __________________________________________ Clerk, United States District Court for the Eastern District of North Carolina

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