Taylor v. Taylor & Taylor USA, LLC et al

Filing 10

ORDER directing the Clerk to enter a default against Defendant, Taylor & Taylor USA, LLC Signed by Magistrate Judge Thomas B. Smith on 9/19/2011. (Smith, Thomas)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
OCALA DIVISION
THOMAS TAYLOR,
Plaintiff,
-vs-

Case No. 5:11-cv-46-Oc-10TBS

TAYLOR & TAYLOR USA, LLC, et. al.,
Defendants.
______________________________________

ORDER
On January 31, 2011, plaintiff Thomas Taylor filed this action against defendants
Taylor & Taylor USA, LLC and Richard Taylor, pursuant to the Fair Debt Collection Practices
Act (“FDCPA”), 15 U.S.C. § 1692 et seq., related to the defendants’ alleged efforts to collect
a debt. (Doc. 1.) The defendants were served with the summons and complaint on March 7,
2011. (Docs. 5, 7-1.) On April 6, 2011, the plaintiff requested that the Clerk enter default
against the defendants for their failure to appear, answer, or otherwise plead as required by
Federal Rule of Civil Procedure 12.1 (Doc. 8.)
On April 8, 2011, this court issued an order denying the plaintiff’s motion for Entry of
Default. (Doc. 8.) In this order, the court noted that, on March 25, 2011, Richard Taylor, who
is proceeding pro se, sent a letter to the Clerk of Court advising that: “Mr. Thomas Taylor
purchased tools from my client while at work and used primarily for work. As such, this action
is not covered under the FDCPA.” (Doc. 6.) He signed the letter as Managing Member of

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Federal Rule of Civil Procedure 12(a)(1)(A)(i) provides that a defendant must
serve an answer within twenty-one (21) days after being served with the summons and
complaint.

Taylor & Taylor USA, LLC. Id. The court noted that it appeared that Richard Taylor was
attempting to respond to this lawsuit on behalf of himself and Taylor & Taylor USA, LLC.
However, pursuant to Local Rule 2.03(e), a corporation can only appear through counsel.
The court denied the plaintiff’s Motion for Entry of Default and ordered that, within twenty (20)
days of its April 8, 2011 order, defendant Taylor & Taylor USA, LLC retain counsel and that
such counsel file a notice of appearance within this time. The court stated that failure to
retain counsel would result in the entry of default against Taylor & Taylor USA, LLC.
Since the court issued its April 8, 2011 order, no counsel has filed a notice of
appearance on behalf of Taylor & Taylor USA, LLC. The Clerk of Court is therefore
ORDERED to enter default against the defendants Taylor & Taylor USA, LLC and Richard
Taylor.
DONE and ORDERED in Ocala, Florida on September 19, 2011.

Copies furnished to:
Counsel of Record
Unrepresented Parties

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