Fattorusso et al v. The M/V Wanderer II et al

Filing 13

ORDER granting 12 the Plaintiffs Leslie A. Fattorusso and Gerald N. Harrington's Motion for Entry of a Clerk's Default. The Clerk is hereby directed to enter a Clerks Default against the Defendant Blayne's Auto Air, Inc. Signed by Magistrate Judge Sheri Polster Chappell on 5/12/2010. (LMH)

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA FORT MYERS DIVISION LESLIE A. FATTORUSSO; GERALD N. HARRINGTON, Plaintiffs, -vsTHE M/V WANDERER II, (official number 1052543), its engines, tackle, apparel, etc. , in rem; PETE D. GARRIGUS, in personam, doing business as Captain Pete's; BLAYNE HASS, in personam, BLAYNE'S AUTO AIR, INC., in personam, Defendants. ______________________________________ Case No. 2:10-cv-201-FtM-36SPC

ORDER This matter comes before the Court on the Plaintiffs Leslie A. Fattorusso and Gerald N. Harrington's Motion for Entry of a Clerk's Default (Doc. #12) filed on May 4, 2010. Under Fed. R. Civ. P. 55(a), default is justified "[w]hen a party against whom a judgment for affirmative relief is sought has failed to plead or otherwise appear by affidavit or otherwise, the clerk shall enter the party's default." Fed. R. Civ. P. 55(a). The Return of Summons (Doc. # 8) shows that a true copy of the summons for the Defendant Blayne's Auto Air, Inc. was served upon Blayne Hass, as Secretary/Treasurer for the corporation on April 12, 2010. The Defendant's response was due on or before May 3, 2010. To date no response has been filed by the Defendant Blayne's Auto Air. As such, good cause exists to grant the Clerk's Default.

Accordingly, it is now ORDERED: The Plaintiffs Leslie A. Fattorusso and Gerald N. Harrington's Motion for Entry of a Clerk's Default (Doc. #12) is GRANTED. The Clerk is hereby directed to enter a Clerk's Default against the Defendant Blayne's Auto Air, Inc. DONE AND ORDERED at Fort Myers, Florida, this 12th day of May, 2010.

Copies: All Parties of Record

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