Malibu Media, LLC v. Doe

Filing 17

ORDER granting 15 Plaintiff's Motion for Entry of Clerk's Default Pursuant to Fed. R. Civ. P. 55(a) Against Defendant Mark Danford. The Clerk is directed to enter Clerk's Default against Defendant Mark Danford. Signed by Magistrate Judge Carol Mirando on 2/4/2015. (BLW)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
MALIBU MEDIA, LLC,
Plaintiff,
v.

Case No: 2:14-cv-511-FtM-38CM

MARK DANFORD,
Defendant.
ORDER
Before the Court is Plaintiff’s Motion for Entry of Clerk’s Default Pursuant to
Fed. R. Civ. P. 55(a) Against Defendant Mark Danford (“Danford”) (Doc. 15), filed on
January 12, 2015. Danford has not filed a response to the motion and the time to do
so has expired. 1

Plaintiff Malibu Media, LLC (“Malibu Media”) moves pursuant

Federal Rule of Civil Procedure 55(a), for entry of a Clerk’s Default against Danford
for failure to respond to the Complaint. For the reasons that follow, the motion is
due to be granted.
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.” Prior to directing the Clerk to enter a default, the Court
must first determine whether Plaintiff properly effected service of process. United

The motion’s Certificate of Service states that Plaintiff served the motion via U.S.
Mail on Danford on January 12, 2015. Doc. 15 at 2.
1

States v. Donald, No. 3:09-cv-147-J-32HTS, 2009 WL 1810357, *1 (M.D. Fla. June 24,
2009). Service on an individual can be made by any manner accepted in the state or
by “delivering a copy of the summons and of the complaint to the individual
personally.”

Fed. R. Civ. P. 4(e)(1), (e)(2)(A).

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. . . .” Fla. Stat. § 48.031(1)(a).
The Return of Service shows that Danford was personally served with the
Summons and Amended Complaint on December 15, 2014, at 12670 Wquestrian
Circle, Apartment 2208, Fort Myers, Florida, 33907-7575. 2

Doc. 12.

The Court

finds that service of process was properly effected because the Summons and
Amended Complaint were personally served on him.
Pursuant to Rule 12(a)(1)(A), Federal Rules of Civil Procedure, a defendant
must serve an answer within 21 days after being served with the summons and
complaint. Danford has failed to do so within the time period; therefore, entry of
Clerk’s Default is appropriate.

There appears to be a typo on the Return of Service, which states that the address
is 12670 Wquestrian Circle, Apartment 2208, Fort Myers, Florida, 33907-7575. Doc. 12.
The address on the motion’s certificate of service for Danford is 12670 Equestrian Circle,
Apartment 2208, Fort Myers, Florida, 33907-7575. Doc. 15 at 2. This error does not appear
to have effected proper service as the Return of Service states that process server personally
served Danford at the address.
2

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ACCORDINGLY, it is hereby
ORDERED:
Plaintiff’s Motion for Entry of Clerk’s Default Pursuant to Fed. R. Civ. P. 55(a)
Against Defendant Mark Danford (Doc. 15) is GRANTED; and the Clerk is directed
to enter Clerk’s Default against Defendant Mark Danford.
DONE and ORDERED in Fort Myers, Florida on this 4th day of February, 2015.

Copies:
Counsel of record

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