Luv N' Care, Ltd. v. Babelito, S.A.

DECISION AND ORDER

MARRERO, District Judge.

Defendant Babelito, S.A. (“Babelito”), an Argentinian company, moves to dismiss the complaint in this action on the ground that, among others, plaintiff Luv N’ Care, Ltd. (“Luv N’ Care”), improperly served Babelito. Luv N’ Care responds that Ba-belito waived any defense to this action by its delay in answering the complaint or fifing the instant motion. Luv N’ Care also disputes Babelito’s motion on its merits. The Court concludes that Babelito did not waive its defenses and agrees that Babelito was improperly served. For these reasons, as further…