Alchemy-Spetec LLC v. The Pump and Spray Company Corporation et al

Filing 40

ORDER granting 38 Motion for Clerk's Entry of Default. The Clerk is directed to enter a default against The Pump and Spray Company Corporation and Ryan Wenzel. Signed by Magistrate Judge Nicholas P. Mizell on 9/9/2020. (brh)

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UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION

ALCHEMY-SPETEC LLC,
Plaintiff,
v.

Case No. 2:19-cv-670-FtM-66NPM

THE PUMP AND SPRAY COMPANY
CORPORATION and RYAN WENZEL
Defendants.
ORDER
Before the Court is Plaintiff’s Corrected Motion for Clerk’s Entry of Default (Doc.
38). Plaintiff Alchemy-Spetec, LLC requests the Court enter a default against Defendants
The Pump and Spray Company Corporation and Ryan Wenzel. (Id., p. 1). No response
was filed to the motion and the response time has lapsed. For the reasons discussed
below, the Court grants the motion.
“When 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.” Fed. R. Civ. P. 55(a). Before directing the clerk to enter a
default, however, the Court must determine whether Plaintiff properly effected service of
process, for which Plaintiff bears the burden of proof. Fed. R. Civ. P. 4(l); Chambers v.
Halsted Fin. Servs., LLC, No. 2:13-CV-809-FTM-38, 2014 WL 3721209, *1 (M.D. Fla. July
28, 2014); Zamperla, Inc. v. S.B.F. S.R.L., No. 6:13-CV-1811-ORL-37, 2014 WL
1400641, *1 (M.D. Fla. Apr. 10, 2014).

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For Defendant Ryan Wenzel, the Federal Rules of Civil Procedure allow for
personal service upon an individual within a judicial district of the United States. Fed. R.
Civ. P. 4(e)(2)(A). The process server may deliver a copy of the summons and complaint
to the individual personally. Id. Here, on July 18, 2020, the process server served Ryan
Wenzel personally. (Doc. 36). Therefore, service of process was properly effected under
Rule 4(e)(2).
Pursuant to Rule 4(h)(1)(B), an entity defendant may be served by any manner
authorized 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 ….” Chambers, 2014 WL 3721209, at *1 (M.D. Fla.
July 28, 2014). Likewise, under state law, a corporation may be served through its
registered agent. Fla. Stat. § 48.081(3)(a). Here, the process server served Pump and
Spray by serving Ryan Wenzel, who is designated by law to accept service on behalf of
the corporation. (Doc. 37). Thus, the Court finds Plaintiff properly effected service of
process on Pump and Spray.
Both Ryan Wenzel and Pump and Spray have failed to timely answer the Amended
Complaint (Doc. 23) or otherwise defend this action. Therefore, the Court finds a clerk’s
default must be entered pursuant to Rule 55(a).
Accordingly, it is hereby ORDERED:
(1)

The Corrected Motion for Clerk’s Entry of Default (Doc. 38) is GRANTED.

(2)

The Clerk is directed to enter a default against The Pump and Spray
Company Corporation and Ryan Wenzel.

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DONE and ORDERED in Fort Myers, Florida on September 9, 2020.

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