Pree et al v. Pickle Pro, LLC et al

Filing 36

ORDER denying 34 Defendants' Motion to Set Aside Clerk's Entry of Default. Signed by Magistrate Judge Carol Mirando on 11/30/2017. (HJ)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
KANE PREE and BLAKE PREE, an
individual
Plaintiffs,
v.

Case No: 2:17-cv-42-FtM-29CM

PICKLE PRO, LLC and TODD
PREE,
Defendants.
ORDER
This matter comes before the Court upon review of Defendants’ Motion to Set
Aside Clerk’s Entry of Default (Doc. 34) filed on October 6, 2017.

On September 6,

2017, the undersigned recommended entry of Clerk’s default against Defendant
Pickle Pro, LLC (“Pickle Pro”) because after its previous counsel withdrew from this
case, Pickle Pro did not retain new counsel against the Court’s Order to do so.
30.

Senior United States District Judge John E. Steele adopted the Report and

Recommendation and directed the Clerk to enter default against Pickle Pro.
31.

Doc.

Doc.

Defendants seek to set aside the Clerk’s default entered against Pickle Pro,

seeking that Defendant Todd Pree, who is proceeding pro se, represent Pickle Pro.
Doc. 34. Plaintiffs oppose the requested relief.

Doc. 35.

The Court concedes Defendants have appeared in this matter.
the Docket.

See generally

Nonetheless, as the Court noted, Local Rule 2.03(e) permits Pickle Pro

to appear and be heard only through counsel admitted to practice in this Court.

M.D. Fla. R. 2.03(e); Doc. 30 at 2.

Pickle Pro did not retain new counsel in violation

of Local Rule 2.03(e) and the Court’s Order to retain new counsel, resulting in the
Clerk’s entry of default against it.

Docs. 29, 30, 31, 32.

As of this date, Pickle Pro

has not retained new counsel, despite having ample opportunity to retain one.

See

generally the Docket. Thus, the Court does not find good cause to set aside the
Clerk’s default.

See Compania Interamericana Export-Import, S.A. v. Compania

Dominicana de Aviacion, 88 F.3d 948, 951-52 (11th Cir. 1996) (upholding the district
judge’s denial of the motion to set aside entry of default because the corporate
defendant failed to obtain counsel due to its alleged financial difficulty).
ACCORDINGLY, it is hereby
ORDERED:
Defendants’ Motion to Set Aside Clerk’s Entry of Default (Doc. 34) is DENIED.
DONE and ORDERED in Fort Myers, Florida on this 30th day of November,
2017.

Copies:
Counsel of record
Unrepresented parties

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