American Airlines, Inc. v. in Charge Marketing, Inc.

Full title: AMERICAN AIRLINES, INC., a corporation, Plaintiff, v. IN CHARGE MARKETING…

Court: United States District Court, M.D. Florida, Fort Myers Division

Date published: Oct 18, 2010

Case No. 2:10-cv-467-FtM-29SPC (M.D. Fla. Oct. 18, 2010)

Opinion

Case No. 2:10-cv-467-FtM-29SPC.

October 18, 2010

ORDER

SHERI CHAPPELL, Magistrate Judge

This matter comes before the Court on the Plaintiff American Airlines, Inc.'s Motion for Clerk's Default against the Defendants Peter Sotolongo and Rigoberto Sotolongo (Doc. #12) filed on October 12, 2010. Under Fed.R.Civ.P. 55(a), default is justified "[w]hen a party against whom a judgment for affirmative relief is sought has failed to plead or otherwise appear by affidavit or otherwise, the clerk shall enter the party's default."

The Defendant Peter Sotolongo was properly served on September 8, 2010. His Answer and/or responsive pleading was due on September 29, 2010. The Defendant Rigoberto Sotolongo was properly served on August 17, 2010. His Answer and/or responsive pleading was due on September 7, 2010. To date neither Defendant has filed an Answer or responsive pleading to the Complaint. Therefore, a clerk's default is justified.

Accordingly, it is now

ORDERED:

The Plaintiff American Airlines, Inc.'s Motion for Clerk's Default against the Defendants Peter Sotolongo and Rigoberto Sotolongo (Doc. #12) is GRANTED. The Clerk of the Court is directed to issue a Clerk's Default against the Defendant Peter Sotolongo and the Defendant Rigoberto Sotolongo.

DONE AND ORDERED at Fort Myers, Florida, this 18th day of October, 2010.