Pree et al v. Pickle Pro, LLC et al

Filing 81

ORDER granting 70 Motion for Entry of Default as to Garnishee Amazon.com, Inc.; denying as moot 71 Motion for Entry of Default as to Garnishee Amazon.com.dedc, LLC; granting 72 Motion for Entry of Default as to Amazon Retail, LLC. The Clerk is directed to enter a Clerk's Default against Garnishees Amazon.com, Inc. and Amazon Retail, LLC. Signed by Magistrate Judge Carol Mirando on 12/3/2018. (APH)

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,
Defendant.
ORDER
This matter comes before the Court upon review of Plaintiffs’ Motions for Entry
of Default filed on June 18, 2018. Docs. 70, 71, 72. Plaintiffs move, pursuant to
Rule 55(a) of the Federal Rules of Civil Procedure, for entry of Clerk’s defaults against
Garnishees Amazon.com, Inc., Amazon.com.dedc, LLC, and Amazon Retail, LLC.
Doc. 70 at 1; Doc. 71 at 1; Doc. 72 at 1. The Court previously granted Plaintiffs’
Motions for Writ of Garnishment against Garnishees Amazon.com, Inc., Amazon
Retail, LLC and Amazon.com.dedc, LLC and the Clerk issued the writs on March 12,
2018. See Docs. 54, 55, 56, 57.

For the reasons stated below, the motions as to

Amazon.com, Inc. and Amazon Retail, LLC are granted, and the motion as to
Amazon.com.dedc, LLC is denied as moot.
Pursuant to Rule 55(a) of the 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.” Similarly, Rule 1.07(b) of the Middle District of Florida
Local Rules provides:
When 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.
M.D. Fla. R. 1.07(b). Prior to directing the Clerk to enter a default, the Court must
first determine whether the plaintiff properly effected service of process. United

States v. Donald, No. 3:09-cv-147-J-32HTS, 2009 WL 1810357, at *1 (M.D. Fla. June
24, 2009).
Service can be made on a corporation by any manner accepted in the state or
“by delivering a copy of the summons and of the complaint to an officer, a managing
or general agent, or any other agent authorized by appointment or by law to receive
service of process[.]”

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

Section 48.081, Florida

Statutes, provides a hierarchy for service of process upon a corporation. A private
corporation may be served by serving process on the president, vice president, or
other head of the corporation, and in the absence of any such persons, on other
corporate employees, including any officer or director. Fla. Stat. § 48.081(1)(a)-(d).
As an alternative, process may be served on a registered agent of the corporation, or
any employee of the registered agent. Id. § 48.081(3)(a).
Here, the Court finds service on each of the three Garnishees sufficient.
Plaintiffs filed returns of service in support of the motions, each completed and signed
by Attorneys Subpoena Service, Inc., Fort Myers, Florida. Docs. 70-1, 71-1, 72-1.
The return of service related to Amazon.com, Inc. states that on March 16, 2018, the

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process server served a true copy of the Writ of Garnishment to Caroline Little, an
authorized agent of Amazon.com, Inc.’s registered agent, Corporation Service
Company, at 300 Deschutes Way S.W., Suite 304, Tumwater, Washington. Doc. 701. The returns of service for Amazon.com.dedc, LLC and Amazon Retail, LLC both
state that on March 16, 2018, the process server served the applicable Writs of
Garnishment on Kara Stover, an authorized representative of the registered agent of
Amazon.com.dedc, LLC and Amazon Retail LLC, Corporation Service Company, at
1201 Hays Street, Tallahassee, Florida.

Docs. 71-1, 72-1.

Thus, service was

properly effected on all three Garnishees under Rule 4(h)(1)(B) of the Federal Rules
of Civil Procedure and § 48.081(3)(a) of the Florida Statutes.
Under Florida law, a garnishee must serve an answer on the plaintiff within
20 days after service of a properly executed writ of garnishment. Fla. Stat. § 77.04.
If the garnishee fails to respond to the writ of garnishment within the statutory
timeframe, a Clerk’s Default is appropriate. See Merrill Lynch & Co., Inc. v. Valat

Intern. Holdings, Ltd., 987 So.2d 703, 704 (Fla. 3d DCA 2008). Here, Amazon.com,
Inc. and Amazon Retail, LLC failed to respond to the Writs of Garnishment within
the time period and have not filed answers to date. Thus, entry of Clerk’s Default
pursuant to Rule 55(a) of the Federal Rules of Civil Procedure and Rule 1.07(b) of the
Middle District of Florida Local Rules is appropriate.

Amazon.com.dedc, LLC,

however, filed an answer to the Writ of Garnishment on November 16, 2018. Doc.
80.

Thus, because Amazon.com.dedc, LLC has now responded to the Writ of

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Garnishment issued against it, the Court finds entry of a Clerk’s Default
inappropriate.1
ACCORDINGLY, it is
ORDERED:
1.

Plaintiffs’ Motions for Entry of Default as to Garnishees Amazon.com,

Inc. and Amazon Retail, LLC are GRANTED.

The Clerk is directed to enter a

Clerk’s Default against Garnishees Amazon.com, Inc. and Amazon Retail, LLC.
2.

Plaintiffs’ Motion for Entry of Default as to Amazon.com.dedc, LLC is

DENIED as moot.
DONE and ORDERED in Fort Myers, Florida on this 3rd day of December,
2018.

Copies:
Counsel of record
Pro se parties

1

The Court notes that Amazon.com.dedc, LLC’s answer to the Writ of Garnishment
references “Amazon.com and its affiliates” in responding to the writ. Doc. 80 at 1. The title
of the answer includes only Amazon.com.dedc, LLC, however, and its attorneys, Davis Wright
Tremaine LLP, appear as counsel of record for Amazon.com.dedc, LLC only, and not for
Amazon.com, Inc. or Amazon Retail, LLC. Doc. 80 at 1; see generally Docket. Thus, the
only Garnishee that has properly responded to the Writ of Garnishment is Amazon.com.dedc,
LLC.

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