Seaman v. McGuigan et al

Filing 11

ORDER granting 10 Motion for entry of default. Signed by Magistrate Judge Thomas B. Smith on 10/25/2012. (Smith, Thomas)

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UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA ORLANDO DIVISION JANET SEAMAN, Plaintiff, v. Case No. 6:12-cv-1347-Orl-28TBS MICHAEL McGUIGAN d/b/a McGUIGAN LAW OFFICE, LLC, JAMES COURTNEY, and DOES 1-10 Defendants. ______________________________________ ORDER Pending before the Court is Plaintiff’s Second Motion and Memorandum for Entry of Default. (Doc. 10). Pursuant to Federal Rule of Civil Procedure Rule 55(a), Plaintiff requests entry of a Clerk’s Default against Defendant McGuigan Law Office, LLC for failing to plead or otherwise defend against this action. On September 4, 2012, Plaintiff Janet Seaman filed this action against Defendant. According to the return of service, on September 18, 2012, Plaintiff served Defendant by leaving a Complaint and Summons with Defendant’s manager, in compliance with Pennsylvania Rule of Civil Procedure 424(2). (Docs. 7, 10). Defendant’s response to the Complaint was due on or before October 9, 2012. However, to date, Defendant has not served a responsive pleading. (See Docket). Accordingly, and upon due consideration, Plaintiff’s Second Motion and Memorandum for Entry of Default. (Doc. 10) is GRANTED. The Clerk is directed to enter a default, but not default judgment, against Defendant McGuigan Law Office, LLC for failing to serve an answer or otherwise respond as required by law. Fed.R.Civ.P. 12(a) and 55(a). IT IS SO ORDERED. DONE AND ORDERED in Orlando, Florida, on October 25, 2012. Copies to all Counsel 2

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