Landmark Financial Solutions, LLC v. Sanchez et al
Filing
23
ORDER granting 22 Plaintiff's Motion for Entry of Default. The Clerk is directed to enter default against Defendant Alexandra Sanchez, Defendant Gregorio Sanchez, Defendant Arrow Financial Services, LLC, and Defendant SunTrust Bank. Signed by Magistrate Judge Carol Mirando on 2/26/2014. (ALB)
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
LANDMARK FINANCIAL
SOLUTIONS, LLC,
Plaintiff,
v.
Case No: 2:13-cv-214-FtM-38CM
ALEXANDRA SANCHEZ,
GREGORIO SANCHEZ, ARROW
FINANCIAL SERVICES LLC and
SUNTRUST BANK,
Defendants.
ORDER
This matter comes before the Court upon review of Plaintiff's Motion for Clerk's
Entry of Default Against the Defendants (Doc. 22), filed on February 25, 2014.
Plaintiff moves pursuant to Rule 55(a), Federal Rules of Civil Procedure, for entry of
a Clerk’s default against Defendants for failure to answer or otherwise respond to
Plaintiff’s Complaint.
Pursuant to Rule 55(a), Federal Rules of Civil Procedure, “[w]hen a party
against whom a judgment for affirmative relief is sought has failed to plead or
otherwise defend, and that failure is shown by affidavit or otherwise, the clerk must
enter the party’s default.” Fed. R. Civ. P. 55(a). Prior to directing the Clerk to enter
a default, the Court must first determine whether the Plaintiff properly effectuated
service of process.
United States v. Donald, No. 3:09-cv-147-J-32HTS, 2009 WL
1810357, *1 (M.D. Fla. June 24, 2009).
The Florida Rules of Civil Procedure provide that “at the time of personal
service of process a copy of the initial pleading shall be delivered to the party upon
whom service is made.” Fla. R. Civ. P. 1.070. Section 48.031, Florida Statutes,
provides that “[s]ervice of original process is made by delivering a copy of it to the
person to be served with a copy of the complaint, petition, or other initial pleading or
paper or by leaving the copies at his or her usual place of abode with any person
residing therein who is 15 years of age or older and informing the person of their
contents.” Fla. Stat. § 48.031(1)(a).
Section 48.081, Florida Statutes, provides a hierarchy for service of process
upon a corporation. A private corporation may be served by serving process on the
president, vice president, or other head of the corporation, and in the absence of any
such persons, on other corporate employees, including any officer or director. Fla.
Stat. § 48.081(1)(a)-(d). As an alternative, process may be served on a Registered
Agent of the Corporation, or an employee of the Registered Agent. Id. § 48.081(3)(a).
Similarly, section 48.062, Florida Statutes, provides that process against a limited
liability company may be served upon the company’s Registered Agent or an employee
of the Registered Agent. Fla. Stat. § 48.062(1).
In support of its Motion, Plaintiff notes that all Defendants have been served
and have failed to file a responsive pleading. An Affidavit of Process Server, filed on
March 27, 2013, reflects that Defendant Alexandra Sanchez was individually served
with the Summons and Complaint on March 18, 2013, with service effected at 104
Andros Street, Lehigh Acres, FL 33936. Doc. 4 at 1. A separate Affidavit of Process
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Server, filed on March 27, 2013, reflects that Defendant SunTrust Bank was served
with the Summons and Complaint on March 21, 2013, with corporate service effected
upon Keisha Robinson as Paralegal of Registered Agent Laurie A. Pennington, 200
South Orange Avenue, Orlando, FL 32801. Doc. 5 at 1. A third Affidavit of Process
Server, filed on July 1, 2013, reflects corporate service upon Defendant Arrow
Financial Services, LLC, with copies of the Summons and Complaint delivered to CT
Corporation System, Lourdes Vina 1 as Clerk, 208 LaSalle Street, Chicago, IL 60604.
Doc. 12 at 1.
After a previous motion for default against Defendant Gregorio Sanchez was
denied by this Court for improper service, Doc. 17, Plaintiff filed a Return of Service
as to Defendant Gregorio Sanchez on January 17, 2014. Doc. 18. As part of that
document, Plaintiff filed a sworn Affidavit of Service from its process server that the
Alias Summons and Complaint were delivered “to: Martin Mendiez as co-resident
at the address of: 11487 Orange Blossom Drive, Bonita Springs, FL 34135, the within
named person’s usual place of Abode. . . .” Id. at 1. Affidavits by process servers
constitute a prima facie showing that defendants have been served. See Burger King
Corp. v. Eupierre, Case No. 12-20197-CIV, 2012 WL 2192438, *2 (S.D. Fla. June 14,
2012). Service of process was therefore properly effectuated as to all Defendants
under Rule 4(e)(2)(B) and (h)(1), Federal Rules of Civil Procedure.
This appears to be the name indicated on the Process Server’s Affidavit, to
the best of the Court’s ability to read his handwriting.
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To date, none of the Defendants have filed a responsive pleading, and entry of
a Clerk’s default is appropriate in this case.
ACCORDINGLY, it is hereby
ORDERED:
1.
Plaintiff's Motion for Clerk's Entry of Default Against the Defendants
(Doc. 22) is GRANTED.
2.
The Clerk is directed to enter Clerk’s default against Defendant
Alexandra Sanchez, Defendant Gregorio Sanchez, Defendant Arrow Financial
Services, LLC, and Defendant SunTrust Bank.
DONE and ORDERED in Fort Myers, Florida on this 26th day of February,
2014.
Copies:
Counsel of record
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