AMERICAN AUTOMOBILE ASSOCIATION, INC. v. AAA LOCKSMITH INC., 2:15-cv-453-FtM-99CM. (2015)
Court: District Court, M.D. Florida
Number: infdco20150915817
Visitors: 6
Filed: Sep. 14, 2015
Latest Update: Sep. 14, 2015
Summary: ORDER CAROL MIRANDO , Magistrate Judge . Before the Court is Plaintiff's Motion for Entry of Clerk's Default (Doc. 16) filed on August 21, 2015. Plaintiff moves for entry of default against Defendants AAA Locksmith Inc. and Adam Cooper for failure to respond to the Complaint. Plaintiff's Motion simply requests that a clerk's default be entered pursuant to Federal Rule of Civil Procedure 55(a), with no analysis or argument as to why service was proper under the rules such that the Court sho
Summary: ORDER CAROL MIRANDO , Magistrate Judge . Before the Court is Plaintiff's Motion for Entry of Clerk's Default (Doc. 16) filed on August 21, 2015. Plaintiff moves for entry of default against Defendants AAA Locksmith Inc. and Adam Cooper for failure to respond to the Complaint. Plaintiff's Motion simply requests that a clerk's default be entered pursuant to Federal Rule of Civil Procedure 55(a), with no analysis or argument as to why service was proper under the rules such that the Court shou..
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ORDER
CAROL MIRANDO, Magistrate Judge.
Before the Court is Plaintiff's Motion for Entry of Clerk's Default (Doc. 16) filed on August 21, 2015. Plaintiff moves for entry of default against Defendants AAA Locksmith Inc. and Adam Cooper for failure to respond to the Complaint. Plaintiff's Motion simply requests that a clerk's default be entered pursuant to Federal Rule of Civil Procedure 55(a), with no analysis or argument as to why service was proper under the rules such that the Court should enter a clerk's default. Pursuant to Middle District of Florida Local Rule 3.01(a), "[i]n a motion or other application for an order, the movant shall include a concise statement of the precise relief requested, a statement of the basis for the request, and a memorandum of legal authority in support of the request." M.D. Fla. Rule 3.01(a). Moreover, Plaintiff has not filed Returns of Service indicating that Defendants were served in this case. Plaintiff's motion states that Defendants were personally served on July 30, 2015, but Plaintiff has cited no legal authority to the Court as to why service was proper. Thus, the Motion will be denied at this time.
ACCORDINGLY, it is hereby
ORDERED:
Motion for Entry of Clerk's Default (Doc. 16) is DENIED without prejudice.
DONE and ORDERED.
Source: Leagle
