Opinion
6:24-cv-49-ACC-LHP
02-23-2024
KIVA HAIR, Plaintiff, v. ZIONS DEBT HOLDINGS 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: PLAINTIFF'S MOTION FOR ENTRY OF CLERK'S DEFAULT (Doc. No. 12)
FILED: February 22, 2024
THEREON it is ORDERED that the motion is DENIED without prejudice.
Plaintiff seeks Clerk's default against Defendant Zions Debt Holdings LLC, stating that Defendant was served on January 16, 2024 but has failed to appear or otherwise defend. Doc. Nos. 11, 12; see Fed.R.Civ.P. 55(a). Upon review, however, the motion fails to comply with Local Rule 3.01(a) by failing to include a memorandum of legal authority in support. In addition, the motion fails to adequately address, with citation to legal authority, that service of process on Defendant was proper, specifically that serving “Mia Johnson as Authorized Party” was sufficient under governing law. 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).
Accordingly, Plaintiff's motion (Doc. No. 12) is DENIED without prejudice. Plaintiff may file a renewed motion within fourteen (14) days of this Order, which must include a memorandum of legal authority establishing that service of process on Defendant was proper under applicable law.
DONE AND ORDERED