Case 1:25-cv-00927-KMN       Document 81         Filed 09/10/26   Page 1 of 4


                IN THE UNITED STATES DISTRICT COURT
              FOR THE MIDDLE DISTRICT OF PENNSYLVANIA

 ASHER BRONSTIN, individually and
 on behalf of all other similarly situated,

 Plaintiff,
                                                  Civil Action No. 1:25-cv-00927-KMN
 v.                                               (Hon. Keli M. Neary)

 VIASAT, INC.
 and
 THE PREFERRED PREPAID, INC.
 d/b/a XYZies

 Defendants.

            REQUEST FOR CLERK’S ENTRY OF DEFAULT
         AGAINST DEFENDANT THE PREFERRED PREPAID, INC.

       COMES NOW Plaintiff Asher Bronstin, by and through the undersigned

counsel, pursuant to FED. R. CIV. P. 55(a), and hereby files this Motion for Clerk’s

Entry of Default against Defendant The Preferred Prepaid, Inc. d/b/a XYZies, in

the above-styled action. Plaintiff respectfully requests that the Clerk of Court enter

default as the Defendant has failed to serve or file an answer to Plaintiff’s claims in

this action within the time permitted by law or otherwise.

       Federal Rule of Civil Procedure 12(a), entitled “Time to Serve a Responsive

Pleading,” provides in pertinent part that “[a] defendant must serve an answer

within 21 days after being served with the summons and complaint.” FED. R. CIV.

P. 12(a)(1)(A)(i). Federal Rule of Civil Procedure 55(a), entitled “Entering a

Request for Entry of Default
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         Case 1:25-cv-00927-KMN     Document 81     Filed 09/10/26   Page 2 of 4


Default,” provides that “[w]hen a party against whom a judgment for affirmative

relief is sought has failed to plead or otherwise defend, and that failure is shown by

affidavit or otherwise, the clerk must enter the party’s default.” FED. R. CIV. P.

55(a) (emphasis added).

         Here, the Plaintiff filed his Second Amended Complaint naming Defendant

on June 11, 2026. (See ECF No. 70.) Defendant was served on June 29, 2026. (See

ECF No. 80.) Through order of the Court, Defendant’s time to file a responsive

pleading was extended to August 12, 2026. (See ECF No. 77.) Defendant did not

file a response as of September 10, 2026. Previously, Plaintiff’s counsel had

received email correspondence from Joe Samo of the Samo Law Group, who stated

that they were retained. However, Mr. Samo has not entered his appearance. No

alternative counsel has appeared for Defendant, and it is well established that, as a

corporation, Defendant may not represent itself pro se. Accordingly, the Plaintiff

requests that the Clerk enter the Defendant’s default pursuant to FED. R. CIV. P.

55(a).

         The Plaintiff intends to move for leave to conduct classwide discovery and

seek a classwide default judgment as to Defendant.


Request for Entry of Default
                                           2


       Case 1:25-cv-00927-KMN     Document 81     Filed 09/10/26   Page 3 of 4


                                 CONCLUSION

WHEREFORE, for the reasons set forth herein, the Plaintiff respectfully requests

that the Clerk of Court enter default against the Defendant pursuant to FED. R. CIV.

P. 55(a).

RESPECTFULLY SUBMITTED AND DATED this September 10, 2026.

                                       /s/ Andrew Roman Perrong
                                       Andrew Roman Perrong,
                                       Pennsylvania Bar No. 333687 (PHV)
                                       a@perronglaw.com
                                       Perrong Law LLC
                                       1669 Edgewood Road, Suite 218
                                       Yardley, PA 19067
                                       215-225-5529
                                       Lead Attorney for Plaintiff and the Proposed
                                       Class


Request for Entry of Default
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       Case 1:25-cv-00927-KMN       Document 81     Filed 09/10/26   Page 4 of 4


                               CERTIFICATE OF SERVICE

       I certify that I filed the foregoing via ECF on the below date, which will

automatically send a copy to all attorneys of record on the case.

I further certify that I mailed a copy of the foregoing to:

JOE SAMO
SAMO LAW GROUP
2221 CAMINO DEL RIO S
SAN DIEGO, CA 92108

and

THE PREFERRED PREPAID, INC. D/B/A XYZIES
20271 SW ACACIA ST STE 234
NEWPORT BEACH, CA 92660

Dated: September 10, 2026

                                        /s/ Andrew Roman Perrong
                                        Andrew Roman Perrong,
                                        Pennsylvania Bar No. 333687 (PHV)
                                        a@perronglaw.com
                                        Perrong Law LLC
                                        2657 Mount Carmel Avenue
                                        Glenside, PA 19038
                                        215-225-5529
                                        Lead Attorney for Plaintiff and the Proposed
                                        Class


Request for Entry of Default
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