The opinion
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
KEVIN J. BOEVE,
Plaintiff,
v. Case No.: 8:24-cv-00647-TPB-AAS
SOUTHSTATE BANK N.A.,
Defendant.
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ORDER
Plaintiff Kevin J. Boeve moves for entry of clerk’s default against
Defendant Southstate Bank N.A. (Southstate). (Doc. 15).
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.” 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).
Mr. Boeve moved for a clerk’s default against Southstate on May17,
2024. (Doc. 15). However, Southstate filed a motion to dismiss Mr. Boeve’s
complaint on April 22, 2024. (Doc. 5). Thus, the docket demonstrates that entry
of a clerk’s default is not appropriate.
Accordingly, it is ORDERED Mr. Boeve’s motion for entry of clerk’s
default against Southstate (Doc. 15) is DENIED.
ORDERED in Tampa, Florida on May 20, 2024.
Aranda. Apna he Sassoug_
AMANDA ARNOLD SANSONE
United States Magistrate Judge