Opinion
Case No: 2:20-cv-390-SPC-MRM
05-07-2021
KATHLEEN RIZZO, Plaintiff, v. GLADES GOLF & COUNTRY CLUB, INC., MAYOR CONSTRUCTION OF NAPLES, CORP. and COASTAL PAINTING OF SOUTH FLORIDA, LLC, Defendants.
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Before the Court is a sua sponte review of the case. Rizzo filed a notice of acceptance of Defendant Mayor Construction of Naples, Corp.'s Offer of Judgment dated February 1, 2021. (Doc. 40). Federal Rule of Civil Procedure 68(a) provides that "within 14 days after being served, the opposing party serves written notice accepting the offer, either party may then file the offer and notice of acceptance, plus proof of service. The clerk must then enter judgment." Though Rizzo filed written notice accepting the offer, the Clerk needs the offer to enter judgment.
In addition, it appears Glades Golf & Country Club, Inc. has not applied for a default within 28 days of Coastal Painting's failure to plead or otherwise defend against the crossclaim. If that is the case, Glades Golf & Country Club must move for a default. Alternatively, Coastal Painting can answer the crossclaim.
Accordingly, it is now
ORDERED:
1. On or before May 14, 2021, either Rizzo or Mayor Construction of Naples must file the offer.
2. On or before May 14, 2021, Glades Golf & Country Club must move for a default. Alternatively, Coastal Painting can file its answer.
DONE and ORDERED in Fort Myers, Florida on May 7, 2021.
/s/ _________
SHERI POLSTER CHAPPELL
UNITED STATES DISTRICT JUDGE Copies: All Parties of Record