American Airlines, Inc. v. In Charge Marketing, Inc. et al

Filing 13

ORDER granting 12 The Plaintiff American Airlines, Inc.'s Motion for Clerks Default against the Defendants Peter Sotolongo and Rigoberto Sotolongo. The Clerk of the Court is directed to issue a Clerk's Default against the Defendant Peter Sotolongo and the Defendant Rigoberto Sotolongo. Signed by Magistrate Judge Sheri Polster Chappell on 10/18/2010. (LMH)

American Airlines, Inc. v. In Charge Marketing, Inc. et al

Doc. 13

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA FORT MYERS DIVISION AMERICAN AIRLINES, INC., a corporation, Plaintiff, -vsIN CHARGE MARKETING, INC., a Florida Corporation, PETER SOTOLONGO, also known as PEDRO SOTOLONGO, RIGOBERTO SOTOLONGO, PETER NAGY, JR., DANIEL MARSHALL, Defendants. ______________________________________ Case No. 2:10-cv-467-FtM-29SPC

ORDER This matter comes before the Court on the Plaintiff American Airlines, Inc.'s Motion for Clerk's Default against the Defendants Peter Sotolongo and Rigoberto Sotolongo (Doc. #12) filed on October 12, 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." The Defendant Peter Sotolongo was properly served on September 8, 2010. His Answer and/or responsive pleading was due on September 29, 2010. The Defendant Rigoberto Sotolongo was properly served on August 17, 2010. His Answer and/or responsive pleading was due on September 7, 2010. To date neither Defendant has filed an Answer or responsive pleading to the Complaint. Therefore, a clerk's default is justified. Accordingly, it is now ORDERED:

Dockets.Justia.com

The Plaintiff American Airlines, Inc.'s Motion for Clerk's Default against the Defendants Peter Sotolongo and Rigoberto Sotolongo (Doc. #12) is GRANTED. The Clerk of the Court is directed to issue a Clerk's Default against the Defendant Peter Sotolongo and the Defendant Rigoberto Sotolongo. DONE AND ORDERED at Fort Myers, Florida, this 18th day of October, 2010.

Copies: All Parties of Record

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