Mid-Continent Casualty, Co. v. Oyster Bay Homes, Inc. et al

Filing 35

ORDER granting 32 The Plaintiff's Motion for Entry of Clerk's Default Against Defendant Russell Brumbaugh. The Clerk is directed to enter default against the Defendant, Russell Brumbaugh. Signed by Magistrate Judge Sheri Polster Chappell on 9/21/2010. (LMH)

Mid-Continent Casualty, Co. v. Oyster Bay Homes, Inc. et al

Doc. 35

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA FORT MYERS DIVISION MID-CONTINENT CASUALTY, CO., Plaintiff, -vsOYSTER BAY HOMES, INC., a Florida corporation; PEDRO DELGADO, citizen of Florida; MARGARITA DELGADO, citizen of Florida, et. al. Defendants. ______________________________________ Case No. 2:10-cv-188-FtM-36SPC

ORDER This matter comes before the Court on the Plaintiff's Motion for Entry of Clerk's Default Against Defendant Russell Brumbaugh (Doc. #32) filed on September 14, 2010. Pursuant to Fed. R. Civ. P. 55(a), the Plaintiff moves the Court for the entry of default against the Defendant, Russell Brumbaugh. The entry of a default is appropriate "[w]hen a party against whom a judgment for affirmative relief is sought has failed to plead or otherwise defend as provided by these rules and that fact is made to appear by affidavit or otherwise." Fed. R. Civ. P. 55(a). On August 17, 2010, service was personally effectuated upon the Defendant.1 Pursuant to Fed. R. Civ. P. 12(a)(1)(A), a responsive pleading was due on or about September 7, 2010. To date, there has been no responsive pleading with respect to the Complaint from Defendant, Russell Brumbaugh. Therefore, the entry of default is appropriate at this time.

Pursuant to the Return of Service, service was personally made at 232 SE 15th Terrace, Cape Coral, FL 33990.

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Accordingly, it is now ORDERED: The Plaintiff's Motion for Entry of Clerk's Default Against Defendant Russell Brumbaugh (Doc. #32) is GRANTED. The Clerk is directed to enter default against the Defendant, Russell Brumbaugh. DONE AND ORDERED at Fort Myers, Florida, this 20th day of September, 2010.

Copies: All Parties of Record

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