Ondis v. Leider et al

Filing 32

ORDER denying 31 Motion for Clerk's Default. Signed by Magistrate Judge Philip R. Lammens on 10/21/2021. (SA)

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UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA OCALA DIVISION PAUL ONDIS, Plaintiff, v. Case No: 5:21-cv-466-BJD-PRL MATTHEW B. LEIDER, CHRISTIAN SAVIO, MYA M. HACHETTE, LAW OFFICES OF MANDEL, MANGANELLI & LEIDER, P.A. and WINDERWEEDLE, HAINES, WARD & WOODMAN, P.A., Defendants. ORDER Plaintiff, who is proceeding pro se, has filed a motion for Clerk’s default against all Defendants. (Doc. 31). Pursuant to Federal Rule of Civil Procedure 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.” Here, all Defendants have timely filed motions to dismiss (Docs. 15, 16) and have not failed to plead or otherwise defend. Accordingly, Plaintiff’s motion for Clerk’s default (Doc. 31) is DENIED. DONE and ORDERED in Ocala, Florida on October 21, 2021. Copies furnished to: Counsel of Record Unrepresented Parties -2-

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