Leblanc v. USG7, LLC et al

Filing 59

ORDER adopting Report and Recommendations re 57 Report and Recommendations. The Answer (Doc. 26) of Defendants is stricken from the record. The Clerk shall enter default against Defendant USDS, LLC d/b/a Fugitive Extraditions Unit and Defenda nt Mike Keen. Plaintiffs shall be awarded their reasonable expenses incurred as a result of Defendants' failure to attend the noticed mediation conference held May 15, 2014. Plaintiffs shall document their mediation expenses on or before Friday, September 19, 2014. Signed by Judge Carlos E. Mendoza on 9/5/2014. (DJD)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION

RICHARD LEBLANC,
Plaintiff,
v.

Case No: 6:12-cv-1235-Orl-41TBS

USG7, LLC, USDS, LLC and MIKE
KEEN,
Defendants.
/
ORDER
THIS CAUSE is before the Court upon the sua sponte Report and Recommendation of the
United States Magistrate Judge. (Doc. 57). The Magistrate Judge recommends that default
judgment 1 be entered against both remaining Defendants, USDS, LLC and Mike Keen, that their
Answer be stricken from the record, and that, additionally, they be required to pay the expenses
incurred by the Plaintiffs as a result of their failure to attend a mediation conference. (Id. at 6-7).
After an independent de novo review of the record in this matter, and noting that no objections
were timely filed, the Court agrees with the findings of fact and conclusions of law in the Report
and Recommendation.
“The ‘severe sanction of a dismissal or default judgment is appropriate only as a last resort,
when less drastic sanctions would not ensure compliance with the court’s orders.’” In re Sunshine
Jr. Stores, Inc., 456 F.3d 1291, 1306 (11th Cir. 2006) (quoting Malautea v. Suzuki Motor Co., 987

1

The Magistrate Judge recommends the entry of default judgment but Plaintiffs’
declarations and evidence (Doc. 43) relate only to Defendant USG7, LLC. Therefore, as to
Defendants USDS, LLC and Mike Keen, there is not a sum certain. Entry of default is more
appropriate at this time.

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F.2d 1536, 1542 (11th Cir. 1993)). “A district court may [ ] strike pleadings and direct a clerk to
enter default against defendants who have made an appearance as a sanction for discovery abuses
or the abandonment of defenses.” Clever Covers, Inc. v. Sw. Fla. Storm Def., LLC, 554 F. Supp.
2d 1303, 1307 (M.D. Fla. 2008). The Defendants have abandoned their defense. After the
withdrawal of their attorney—on the grounds that he was terminated by the parties—in March
2014, (Doc. Nos. 49–51), the Defendants have failed to maintain a current address despite being
ordered to do so, have failed to respond to the Court’s orders, have failed to attend mediation, and
have made no objection to the recommendation that sanctions and default be imposed. Based on
this pattern of disregard for this litigation, lesser sanctions would not ensure compliance and
default is both appropriate and necessary in this case.
It is ORDERED and ADJUDGED as follows:
1. The Report and Recommendation (Doc. 57) is ADOPTED and CONFIRMED and
made a part of this Order.
2. The Answer (Doc. 26) of Defendants is stricken from the record.
3. The Clerk shall enter default against Defendant USDS, LLC d/b/a Fugitive Extraditions
Unit and Defendant Mike Keen.
4. Plaintiffs shall be awarded their reasonable expenses incurred as a result of Defendants’
failure to attend the noticed mediation conference held May 15, 2014.
5. Plaintiffs shall document their mediation expenses on or before Friday, September
19, 2014.

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DONE and ORDERED in Orlando, Florida on September 5, 2014.

Copies furnished to:
Counsel of Record
Unrepresented Parties

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