# Hammer Brand, LLC v. Voro Inc.

> District Court, M.D. Florida · December 19, 2023

URL: https://www.frixlaw.com/law-library/cases/10114727

## Case

- **Court:** District Court, M.D. Florida
- **Decided:** December 19, 2023
- **Opinion:** 100trialcourt
- **Cited by:** 0 later opinions in the Frix Law Library

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## Opinion text

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION

HAMMER BRAND, LLC
d/b/a WOLF BRAND SCOOTERS,

Plaintiff,

v. Case No.: 8:23-cv-1272-KKM-UAM

VORO INC., et al.

Defendants.
____________________________________/

ORDER
Plaintiff Hammer Brand, LLC moves for entry of clerk’s default against
Defendant Amped Adventure LLC. (Doc. 98).
Federal Rule of Civil Procedure 55(a), which governs the entry of 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.” (emphasis
added). However, “[d]efault is to be used sparingly,” as cases should be
adjudicated on their merits. Mitchell v. Brown & Williamson Tobacco Corp.,
294 F.3d 1309, 1316 (11th Cir. 2002).
Hammer Brand, LLC moved for a clerk’s default against Amped
Adventure LLC on December 18, 2023. (Doc. 98). However, Amped Adventure
LLC filed a “Response to Civil Actions Summons” letter on November 11, 2023.
(See Doc. 77). Although this letter is not a proper response to the complaint
under the Federal Rules of Civil Procedure, entry of a clerk’s default is not
appropriate. See 2007 Advisory Committee Notes to Fed. R. Civ. P. 55(a)

(courts routinely reject default where party shows intent to defend even if not
connected with any rule).
Accordingly, it is ORDERED:
(1) Hammer Brand, LLC’s motion for entry of clerk’s default against

Amped Adventure LLC (Doc. 98) is DENIED.
(2) Corporate defendant Amped Adventure LLC is put on notice that
a corporation cannot represent itself and must obtain counsel admitted to
practice before this court. See Palazzo v. Gulf Oil Corp., 764 F.2d 1381, 1385

(11th Cir. 1985) (“The rule is well established that a corporation is an artificial
entity that . . . cannot appear pro se and must be represented by counsel.”).
Corporate defendant Amped Adventure LLC must retain counsel, who must
file a proper response to the complaint by January 31, 2024.

(3) The Clerk is DIRECTED to mail a copy of this order to: Gordan
Smith, 17191 Bothell Way NE, Unit B102, Lake Forest Park, WA 98155.
ORDERED in Tampa, Florida on December 19, 2023.
Aranda. Arno Sasone_
AMANDA ARNOLD SANSONE
United States Magistrate Judge

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/10114727. Public record. Not legal advice.