Opinion
6:24-cv-621-CEM-LHP
06-03-2024
SHARON D. STALEY, Plaintiff, v. HEALTH FIRST, INC., 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 CLERK'S ENTRY OF DEFAULT AGAINST DEFENDANT HEALTH FIRST, INC. (Doc. No. 8)
FILED: May 31, 2024
THEREON it is ORDERED that the motion is DENIED without prejudice.
Plaintiff seeks Clerk's default against Defendant Health First, Inc., stating that Defendant was served on April 19, 2024, but has failed to appear or otherwise defend. Doc. Nos. 8, 8-1; 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. Relatedly, the motion fails to adequately address, with citation to evidence and legal authority, that service of process on Defendant was proper, in particular that service on “Jennifer L. as Concierge Specialist for Health First, Inc.” 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).
A lone citation to Federal Rule of Civil Procedure 12 does not suffice.
Accordingly, Plaintiff's motion (Doc. No. 8) is DENIED without prejudice. Plaintiff shall 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.