Clements v. 3M Electronic Monitoring

Filing 21

ORDER denying 20 Request for Entry of Default. Signed by Magistrate Judge Carol Mirando on 5/15/2017. (LS)

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UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA FORT MYERS DIVISION LOUIS MATTHEW CLEMENTS, Plaintiff, v. Case No: 2:16-cv-776-FtM-99CM 3M ELECTRONIC MONITORING, Defendant. ORDER This matter comes before the Court upon review of Request for Entry of Default (Doc. 20) filed on May 10, 2017. Plaintiff requests entry of a Clerk’s default “on the basis that the record in this case demonstrates that there has been a failure to plead or otherwise defend as provided by Rule 55(a) of the Federal Rules of Civil Procedure.” Doc. 20 at 1. Defendant 3M Electronic Monitoring had until May 10, 2017 to respond to Plaintiff’s complaint. Doc. 15. Because on May 10, 2017 Defendant timely filed a Motion to Dismiss Second Amended Complaint and to Strike Punitive Damages, Plaintiff’s request is due to be denied. Doc. 18. ACCORDINGLY, it is hereby ORDERED: Request for Entry of Default (Doc. 20) is DENIED. DONE and ORDERED in Fort Myers, Florida on this 15th day of May, 2017. Copies: Counsel of record -2-

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