CAROL MIRANDO, Magistrate Judge.
Before the Court is Plaintiff's Second
Pursuant to Rule 55(a), Federal Rules of Civil Procedure, "[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." Similarly, Middle District of Florida Local Rule 1.07(b) provides:
M.D. Fla. R. 1.07(b). Prior to directing the Clerk to enter a default, the Court must first determine whether Plaintiff properly effected service of process. United States v. Donald, No. 3:09-cv-147-J-32HTS, 2009 WL 1810357, at *1 (M.D. Fla. June 24, 2009).
Service on a corporation, partnership, or other unincorporated association that is subject to suit under common name, can be made by any manner accepted in the state or "by delivering a copy of the summons and of the complaint to an officer, a managing or general agent, or any other agent authorized by appointment or by law to receive service of process[.]" Fed. R. Civ. P. 4(h)(1)(A), (e)(1); See Fitzpatrick v. Bank of New York Mellon, 580 F. App'x 690, 693 (11th Cir. 2014) (stating that a Plaintiff may serve process on a limited liability company pursuant to Rule 4(h), Federal Rules of Civil Procedure). Florida Statutes provide that process against a limited liability company may be served upon, inter alia, the company's registered agent or an employee of the registered agent. Fla. Stat. § 48.062(1). Each limited liability company shall designate and continuously maintain in this state a registered office. Fla. Stat. § 605.0113(1)(a). The registered agent must be an individual who resides in this state and whose business address is identical to the address of the registered office. Fla. Stat. § 605.0113(1)(b)(1). If the address provided for the registered agent is a private mailbox, service on the limited liability company may be made by serving the registered agent, member, or manager in accordance with Florida Statutes section 48.031. Fla. Stat. § 48.062(4). Section 48.031, Florida Statutes, provides that service of process is made by delivering copies to the person to be served or by leaving copies with any person residing therein who is fifteen years of age or older. Fla. Stat. § 48.031(1)(a).
Here, the Return of Service (Doc. 9) states that on May 25, 2016, a process server for DLE Process Servers, Inc. delivered a true copy of the Summons in a Civil Action, Complaint for Declaratory Relief, and Exhibits upon Joan Quillen, "authorized agent" for Distinctive at 1948 Imperial Golf Course Blvd., Naples, Fl 34108. Doc. 9 at 1. A search of the Florida Department of State, Division of Corporations' website reveals that Distinctive's registered agent is Leon Pope at 14630 Palm Beach Blvd #3 PMB #221, Fort Myers, FL 33905.
Pursuant to Rule 12(a)(1)(A) Federal Rules of Civil Procedure, a defendant must serve an answer within 21 days after being served with the summons and complaint. Distinctive has failed to do so within the time period; therefore, entry of Clerk's Default pursuant to Rule 55(a) Federal Rule of Civil Procedure and Middle District of Florida Local Rule 1.07(b) is appropriate.
ACCORDINGLY, it is hereby
Plaintiff's Second Application for Clerk's Default Against Distinctive Finishes, LLC (Doc. 32) is