Ondis v. Leider et al

Filing 41

ORDER denying 40 Motion for Clerk's Default. Signed by Magistrate Judge Philip R. Lammens on 12/17/2021. (SA)

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 second motion for Clerk’s default against
all Defendants. (Doc. 40). 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.” On October 21, 2021, the court denied the initial motion for Clerk’s default because
the defendants had all timely filed motions to dismiss. (Doc. 32). The motions to dismiss are
still before the court and none of the defendants have failed to plead or otherwise defend.
Accordingly, Plaintiff’s second motion for Clerk’s default (Doc. 40) is DENIED.
DONE and ORDERED in Ocala, Florida on December 17, 2021.

Copies furnished to:
Counsel of Record
Unrepresented Parties

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