Opinion
6:23-cv-1945-ACC-LHP
01-16-2024
RUDOLPH BETANCOURT, Plaintiff, v. MELBOURNE SUITES, LLC, Defendant
ORDER
LESLIE HOFFMAN PRICE UNITED STATES MAGISTRATE JUDGE
This cause came on for consideration without oral argument on the following motion filed herein:
MOTION: MOTION FOR ENTRY OF CLERK'S DEFAULT AND SUPPORTING MEMORANDUM OF LAW (Doc. No. 13)
FILED: January 9, 2024
THEREON it is ORDERED that the motion is DENIED without prejudice.
Plaintiff seeks Clerk's default against Defendant for Defendant's failure to timely appear or respond. Doc. No. 13. Upon review, however, the return of service on which Plaintiff relies is unsigned. See Doc. No. 12. Therefore, the Court cannot rely on that return of service for entry of default. See, e.g., Accident Ins. Co., Inc. v. V&A Drywall & Stucco, Inc., No. 2:20-cv-407-FtM-38MRM, 2020 WL 8187782, at *3 (M.D. Fla. Sept. 1, 2020) (citing Phan v. Accredited Home Lenders Holding Co., No. 3:09-cv-328-J-32HTS, 2009 WL 10670337, at *1 (M.D. Fla. June 12, 2009) (denying without prejudice motion for Clerk's default to the extent that it relied on an unsigned return of service); Jackson Nat'l Life Ins. Co. v. Tottenham, No. 2:16-cv-883-FtM-29MRM, 2017 WL 8310902, at *1 (M.D. Fla. June 23, 2017) (same).
Accordingly, Plaintiff's motion (Doc. No. 13) is DENIED without prejudice to filing a renewed motion, within fourteen (14) days of this Order, which must be supported by an amended, signed return of service.
DONE and ORDERED.