AIX Specialty Insurance Company et al v. Orlando-Beach Pizza, Inc. et al

Filing 18

ORDER granting 11 Plaintiffs' Motion for Default (construed as a motion for entry of clerk's default). The Clerk shall enter clerk's default against Larry P. Coleman, Jr., individually, and in capacity of Natural Parent and Next Friend of his minor children and Natural Parent and Next Friend of minor, and Fafaun Coleman. This case is DISMISSED without prejudice as to Defendant Orlando-Beach Pizza, pursuant to 12 Notice of Voluntary Dismissal of Defendant, Orlando-Beach Pizza, Inc. Plaintiffs shall send Defendant a copy of this Order. Signed by Judge Timothy J. Corrigan on 4/6/2017. (SEJ)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
JACKSONVILLE DIVISION
AIX SPECIALTY INSURANCE
COMPANY and THE HANOVER
INSURANCE COMPANY,
Plaintiffs,
v.

Case No. 3:16-cv-1319-J-32MCR

ORLANDO-BEACH PIZZA, INC., a
Florida Corporation, BEACH PIZZA,
INC., a Florida Corporation,
DOMINO’S PIZZA, LLC, a Michigan
Limited Liability Company, LARRY P.
COLEMAN, JR. , FAFAUN
COLEMAN, his wife, LARRY P.
COLEMAN, JR. , as the Natural
Parent and Next Friend of K. C., K. C.,
M. C., and A. C., his minor children,
and LARRY COLEMAN, as the
Natural Parents and Next Friends of
Z.C., minor,
Defendants.
ORDER
This case is before the Court on: (1) Plaintiffs’ Motion for Default (Doc. 11)
against Defendants Larry Coleman and Fafaun Coleman; and (2) Plaintiffs’ Notice of
Voluntary Dismissal of Defendant Orlando-Beach Pizza, Inc. (Doc. 12).
On April 3, 2017, the Court held a telephone status conference, the record of
which is incorporated herein. (Doc. 16).
Upon due consideration, it is hereby
ORDERED:

1. The Court construes Plaintiffs’ Motion for Default (Doc. 11) against
Defendants Larry Coleman and Fafaun Coleman as a motion for entry of clerk’s
default, pursuant to Rule 55(a), Fed. R. Civ. P., and GRANTS the motion.1 The Clerk
shall enter default against Larry P. Coleman, Jr., individually, and in capacity of
Natural Parent and Next Friend of his minor children and Natural Parent and Next
Friend of minor, and Fafaun Coleman. Plaintiffs shall then “proceed without delay to
apply for a judgment pursuant to Rule 55(b), Fed. R. Civ. P.” M.D. Fla. Local Rule
1.07.
2. Upon review of Notice of Voluntary Dismissal of Defendant, OrlandoBeach Pizza, Inc. (Doc. 12), filed on March 9, 2017, this case is DISMISSED without
prejudice as to Defendant Orlando-Beach Pizza, Inc. Each party shall bear its own
attorneys’ fees and costs. Plaintiffs to send Defendant a copy of this Order.
DONE AND ORDERED in Jacksonville, Florida this 6th day of April, 2017.

sj
Copies:
Counsel of record
Plaintiffs’ Motion for Default fails to specify which provision of Rule 55
applies. Regardless, “[p]rior to obtaining a default judgment under either Rule
55(b)(1) or Rule 55(b)(2), there must be an entry of default as provided by Rule 55(a).”
10A CHARLES ALAN WRIGHT ET AL., FED. PRAC. & PROC. CIV. § 2682 (3d ed.
2015). Clerk’s default has not yet been entered in this case.
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