Those Certain Underwriters at Lloyd's London

Filing 69

ORDER re 68 Clerk's Entry of Default filed by Gone Country Motor Sports, Inc. Plaintiff Those Certain Underwriters at Lloyd's, London' suit as against Defendant Gone Country Motor Sports is DISMISSED WITHOUT PREJUDICE. Signed by Judge Sheri Polster Chappell on 8/17/2016. (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 review of the file. On June 16, 2016, the
Clerk of Court issued an Entry of Default against Defendant Gone Country Motor Sports,
Inc. (Doc. #68). Plaintiff Those Certain Underwriters at Lloyd’s, London thereafter had
sixty (60) days to apply for default judgment in accordance with Middle District of Florida
Local Rule 1.07 and Federal Rule of Civil Procedure 55(b). To be sure, Local Rule 1.07
provides that
[w]hen service of process has been effected but no
appearance or response is made within the time and manner
provided by Rule 12, Fed.R.Civ.P., the party effecting service
shall promptly apply to the Clerk for entry of default pursuant
to Rule 55(a), Fed.R.Civ.P., and shall then proceed without
1

Disclaimer: Documents filed in CM/ECF may contain hyperlinks to other documents or websites. These
hyperlinks are provided only for users’ convenience. Users are cautioned that hyperlinked documents in
CM/ECF are subject to PACER fees. By allowing hyperlinks to other websites, this Court does not endorse,
recommend, approve, or guarantee any third parties or the services or products they provide on their
websites. Likewise, the Court has no agreements with any of these third parties or their websites. The
Court accepts no responsibility for the availability or functionality of any hyperlink. Thus, the fact that a
hyperlink ceases to work or directs the user to some other site does not affect the opinion of the Court.

delay to apply for a judgment pursuant to Rule 55(b),
Fed.R.Civ.P., failing which the case shall be subject to
dismissal sixty (60) days after such service without notice and
without prejudice; provided, however, such time may be
extended by order of the Court on reasonable application with
good cause shown.
M.D. Fla. R. 1.07(b). And, because Plaintiff has not moved for default judgment to date,
it has evidenced a lack of interest in prosecuting this case. See M.D. Fla. R. 3.10(a).
Accordingly, it is now
ORDERED:
Plaintiff Those Certain Underwriters at Lloyd’s, London’ suit as against Defendant
Gone Country Motor Sports is DISMISSED WITHOUT PREJUDICE.
DONE and ORDERED in Fort Myers, Florida this 17th day of August, 2016.

Copies: All Parties of Record

2