Those Certain Underwriters at Lloyd's London

Filing 62

ORDER re 61 Response to order to show cause filed by Those Certain Underwriters at Lloyd's, London. The Court will take no further action on its Order dated March 21, 2016 54 . If Defendant Gone Country Motor Sports, Inc. has not filed an answer or otherwise defended against this action on or before April 18, 2016, Plaintiff shall advise the Court as to how it wishes to proceed on or before April 25, 2016. Signed by Judge Sheri Polster Chappell on 3/29/2016. (LMF)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
THOSE CERTAIN UNDERWRITERS
AT LLOYD’S, LONDON, individually and
severally subscribing to policy number
A0364/15000
Plaintiff,
v.

Case No: 2:15-cv-669-FtM-38CM

GONE COUNTRY MOTOR
SPORTS, INC., TIMOTHY LLOYD,
SCOTT KIRK, MARLAYNA GOMEZ
and JARED O’KEEFE,
Defendants.
/
ORDER1
This matter comes before the Court on Plaintiff's Response to Order to Show
Cause (Doc. #61) filed on March 26, 2016. Five days earlier, the Court ordered Plaintiff
to show cause why it had not served Defendants Gone Country Motor Sports, Inc. and
Scott Kirk. Plaintiff, in response, filed a Return of Service for Defendant Gone Country
(Doc. #56) and a Return of Service for Defendant Scott Kirk (Doc. #57). Defendant Scott
Kirk then filed an Answer. (Doc. #58). Defendant Gone Country, however, has neither
answered nor defended against the Amended Complaint.

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According to Plaintiff, Defendant Gone Country's failure to appear is likely because
of its owner's recent medical issues. (Doc. #61 at 2-3). Defendant Gone Country is
Plaintiff's insured, and Plaintiff does not want to move for default against it. Thus, in an
effort to draw Defendant Gone Country into this suit, Plaintiff has mailed the Amended
Complaint to it and attempted to contact it. But Plaintiff recognizes that, "[i]f a response
to the Amended Complaint is not received within 20 days from service via certified mail,
a motion for default may be necessary." (Doc. #61).
At this stage, the Court will grant Plaintiff's request not to dismiss this case as to
Defendants Gone Country and Scott Kirk. However, if Defendant Gone Country has not
filed an answer or otherwise defended against this action on or before April 18, 2016,
Plaintiff shall advise the Court as to how it wishes to proceed.
Accordingly, it is now
ORDERED:
(1) The Court will take no further action on its Order dated March 21, 2016 (Doc.
#54).
(2) If Defendant Gone Country Motor Sports, Inc. has not filed an answer or
otherwise defended against this action on or before April 18, 2016, Plaintiff shall
advise the Court as to how it wishes to proceed on or before April 25, 2016.
DONE and ORDERED in Fort Myers, Florida this 29th day of March, 2016.

Copies: All Parties of Record

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