The opinion
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION
FALLS LAKE NATIONAL
INSURANCE COMPANY,
Plaintiff,
v. Case No: 6:24-cv-385-JSS-LHP
INDICAR OF DAYTONA INC.,
DAYTONA KIA, DAYTONA
MITSUBISHI, INDICOM INC.,
THEODORE FOSTER and JOYCE
NIEVES, AS PR FOR THE ESTATE OF
KATWAINA BROWN,
Defendants
ORDER
This cause comes before the Court on Plaintiff’s motions for Clerk’s defaults
against Defendants Theodore Foster, Daytona Mitsubishi, Daytona Kia, Indicar of
Daytona, Inc., and Indicom, Inc. Doc. Nos. 35–39. Upon review, the motions are
due to be denied without prejudice.
As an initial matter, none of the motions comply with Local Rule 3.01(g),
despite the appearance of at least one Defendant in this case. See Doc. No. 25; Local
Rule 3.01(g). The motions also fail to comply with Local Rule 3.01(a) because they
do not include memoranda of legal authority in support. See Doc. Nos. 35–39.
Relatedly, the motions fail to adequately address, with citation to legal authority,
that service of process on Defendants was proper. See generally United States v.
Donald, No. 3:09-cv-147-J-32HTS, 2009 WL 1810357, at *1 (M.D. Fla. June 24, 2009)
(before a Clerk’s default can be entered against a defendant, the Court must
determine that the defendant was properly served). Specifically, Plaintiff fails to
address how service on Defendants Daytona Mitsubishi, Daytona Kia, Indicar of
Daytona, Inc. and Indicom, Inc. by serving “Tom Pelchen” as “General Manager –
Authorized” was sufficient to effect proper service under governing law. See Doc.
Nos. 17–20; see also Doc. Nos. 36–39. And Plaintiff’s request for Clerk’s default
against Theodore Foster is based on a document titled, “Non-Enforceable Return of
Service,” with no explanation from Plaintiff. See Doc. Nos. 26, 35.
Accordingly, each of the motions (Doc. Nos. 35–39) is DENIED without
prejudice. Plaintiff shall renew its requests for Clerk’s default within fourteen (14)
days of the date of this Order, which request(s) must fully comply with the Local
Rules, address the issues outlined in this Order, and include a memorandum of
legal authority establishing that service of process on the Defendant(s) was proper
under applicable law.
DONE and ORDERED in Orlando, Florida on May 24, 2024.
ay □□□□□
LESLIE AN PRICE
UNITED STATES MAGISTRATE JUDGE
Copies furnished to:
Counsel of Record
Unrepresented Parties
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