The opinion
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION
SHARON D. STALEY,
Plaintiff,
v. Case No: 6:24-cv-621-CEM-LHP
HEALTH FIRST, INC.,
Defendant
ORDER
This cause came on for consideration without oral argument on the following
motion filed herein:
MOTION: RENEWED MOTION CLERK’S ENTRY OF
DEFAULT AGAINST DEFENDANT HEALTH FIRST,
INC. (Doc. No. 12)
FILED: June 20, 2024
THEREON it is ORDERED that the motion is DENIED without
prejudice.
On May 31, 2024, Plaintiff filed a motion for Clerk’s default against Defendant
Health First, Inc., stating that Defendant was served on April 19, 2024, by service on
“Jennifer L. as Concierge Specialist for Health First, Inc.” Doc. Nos. 8, 8-1. Upon
consideration, the Court denied that motion without prejudice for failure to comply
with Local Rule 3.01(a) and for failure to demonstrate that service was proper under
governing law. Doc. No. 9. The Court ordered Plaintiff to file a renewed motion
to include a memorandum of legal authority establishing that service was proper.
Id. at 2.
Now before the Court is Plaintiff’s renewed motion. Doc. No. 12. Plaintiff
maintains that service of process was proper under governing law because Plaintiff
identified Nicholas Romanello, Esq., as Defendant’s registered agent, Mr.
Romanello is Assistant Secretary of Defendant’s Foundation Board of Trustees, and
“[i]t is unrealistic and impractical for a member of the Board of Trustees . . . to
personally accept service of every Complaint that is filed against Defendant,
accordingly a Concierge Specialist was assigned to accept legal papers for the
Defendant.” Id. at 3; see also Doc. No. 12-2. In support, Plaintiff submits a
declaration from a process server, Christopher Scudder, who avers that he has
“served multiple papers to multiple hospitals, and they sometimes assign a
Concierge Specialist to accept papers for the legal department and or the records
department,” so “service to the Concierge Specialist in this case, was not a unique
or remarkable event.” Doc. No. 12-3. Mr. Scudder was not the process server
who effected service in this case. See Doc. No. 12-2.
Upon review, Plaintiff’s renewed motion will be denied. Again, Plaintiff
fails to demonstrate, by citation to legal authority, that service of process on a
concierge specialist was sufficient to properly effect service under governing law.
See Doc. No. 12. Plaintiff points to Fla. Stat. § 607.0501, which merely sets forth the
requirement that a corporation maintain a registered office and registered agent.
Plaintiff also cites Fla. Stat. § 48.081, for the proposition that a corporation may be
served with process on its registered agent. But neither of these authorities alone
support Plaintiff’s position that service on a concierge specialist was sufficient to
effect service on Defendant.
Plaintiff also relies on Latham v. Bonita Dental Care, P.A., No. 2:20-cv-316-FtM-
66MRM, 2020 WL 10355013 (M.D. Fla. Sept. 1, 2020), in which the Court notably
denied Clerk’s default as to one defendant for which the plaintiff failed to
demonstrate the defendant’s non-compliance with the registered agent/office
requirements of Fla. Stat. § 48.091. Id. at *2–3. And to the extent that Plaintiff
relies on Latham for the proposition that service on a concierge specialist was proper
in the absence of the registered agent, the return of service here does not state that
the registered agent was absent, does not state that “Jennifer L.” was the employee
of the registered agent, and does not state that “Jennifer L.” was a designated
receiver for the registered agent. Id. at *3. See Doc. No. 12-2; see also Fla. Stat. §§
48.081(2), 48.091(4).
Accordingly, absent legal authority supporting Plaintiff's position that
service was proper,' the renewed motion (Doc. No. 12) will be DENIED without
prejudice. The Court will provide one final opportunity for Plaintiff to
demonstrate that the April 19, 2024 service was proper. A renewed motion, which
shall be filed within fourteen (14) days of the date of this Order, must establish,
with citation to applicable legal authority, that service of process on Defendant by
serving “Jennifer L. as Concierge Specialist” was proper under governing law.’
DONE and ORDERED in Orlando, Florida on June 24, 2024.
hegrar Hic
LESLIE NOFFMAN PRICE
UNITED STATES MAGISTRATE JUDGE
Copies furnished to:
Counsel of Record
Unrepresented Parties
1 Assumptions by Plaintiff and a process server who did not effect service in this
case are alone insufficient.
2 Alternatively, the Court notes that the time period for service has not yet elapsed
should Plaintiff instead wish to re-serve Defendant. See Fed. R. Civ. P. 4(m).
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