Hancock Shoppes, LLC v. Retained Subsidiary One, LLC et al

Filing 59

ORDER granting 50 Motion for Entry of Clerk's Default. The Clerk of Court is directed to enter a default against Kash N' Karry Food Stores, Inc. Signed by Magistrate Judge Mac R. McCoy on 8/25/2017. (JTM)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
HANCOCK SHOPPES, LLC,
Plaintiff,
v.

Case No: 2:17-cv-364-FtM-99MRM

RETAINED SUBSIDIARY ONE, LLC,
KASH N’ KARRY FOOD STORES, INC.,
THE KROGER CO. OF MICHIGAN and
FAMILY CENTER, INC.,
Defendants.
/
ORDER
Pending before the Court is the Motion for Entry of Clerk’s Default (Doc. 50) against
Defendant Kash N’ Karry Food Stores, Inc. filed on August 3, 2017. No response was filed to
the Motion. Plaintiff Hancock Shoppes, LLC, requests that the Court direct the Clerk of Court to
enter a default against Defendant Kash N’ Karry Food Stores, Inc. for failure to appear, plead, or
otherwise defend itself in this action. (Id. at 3).
Pursuant to Fed. R. Civ. P. 55(a), “[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.” Prior to directing the Clerk of
Court to enter a default, however, the Court must first determine whether Plaintiff properly
effected service of process. Chambers v. Halsted Fin. Servs., LLC, No. 2:13-CV-809-FTM-38,
2014 WL 3721209, at *1 (M.D. Fla. July 28, 2014). Plaintiff has the burden of establishing
effective service of process. See Zamperla, Inc. v. S.B.F. S.R.L, No. 6:13-CV-1811-ORL-37,
2014 WL 1400641, at *1 (M.D. Fla. Apr. 10, 2014).

Pursuant to Fed. R. Civ. P. 4(h)(1)(B), a corporation may be served by “delivering a copy
of the summons and of the complaint to . . . any other agent authorized by appointment or by law
to receive service of process.” In this case, Plaintiff contends that it served Kash N’ Karry Food
Stores, Inc. by serving its Registered Agent on June 9, 2017. (See Doc. 22 at 1). Upon review, it
appears Kash N’ Karry Food Stores, Inc. has been properly served. Moreover, Kash N’ Karry
Food Stores, Inc. has failed to plead or otherwise defend this action. Accordingly, the Court
finds that the entry of a clerk’s default against Kash N’ Karry Food Stores, Inc. is appropriate.
Accordingly, it is hereby ORDERED:
1)

The Motion for Entry of Clerk’s Default (Doc. 50) is GRANTED.

2)

The Clerk of Court is directed to enter a default against Kash N’ Karry Food
Stores, Inc.

DONE AND ORDERED in Fort Myers, Florida on August 25, 2017.

Copies furnished to:
Counsel of Record
Unrepresented Parties

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