Federal Trade Commission et al v. Life Management Services of Orange County, LLC et al

Filing 151

ORDER granting in part and denying in part #149 Motion for Entry of Default. The Clerk shall enter default against Defendant KWP Services of Florida, LLC but not against Defendant KWP Services, LLC. Signed by Magistrate Judge Thomas B. Smith on 4/20/2017. (Smith, Thomas)

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UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA ORLANDO DIVISION FEDERAL TRADE COMMISSION and OFFICE OF THE ATTORNEY GENERAL, STATE OF FLORIDA, DEPARTMENT OF LEGAL AFFAIRS, Plaintiffs, v. Case No: 6:16-cv-982-Orl-41TBS LIFE MANAGEMENT SERVICES OF ORANGE COUNTY, LLC, LOYAL FINANCIAL & CREDIT SERVICES, LLC, IVD RECOVERY, LLC, KWP SERVICES, LLC, KWP SERVICES OF FLORIDA LLC, LPSOFFLA LLC, LPSOFFLORIDA L.L.C., PW&F CONSULTANTS OF FLORIDA LLC, UAD SECURE SERVICES LLC, UAD SECURE SERVICE OF FL LLC, URB MANAGEMENT, LLC, YCC SOLUTIONS LLC, YFP SOLUTIONS LLC, KEVIN W. GUICE, CHASE P. JACKOWSKI, LINDA N. MCNEALY, CLARENCE H. WAHL, KAREN M. WAHL, ROBERT GUICE and TIMOTHY WOODS, Defendants. ORDER This case comes before the Court on Plaintiffs’ Request for the Clerk to Enter Default Against Defendants KWP Services, LLC and KW Services of Florida, LLC (Doc. 149). The motion for entry of default against KW Services of Florida, LLC is GRANTED. The Clerk shall enter default against this Defendant. A plaintiff may serve a corporate defendant by: [D]elivering a copy of the summons and of the complaint to an officer, a managing or general agent, or any other agent authorized by appointment or by law to receive service of process and—if the agent is one authorized by statute and the statute so requires—by also mailing a copy of each to the defendant[.] FED. R. CIV. P. 4(h)(1)(B). A plaintiff may also serve a defendant by “following state law for serving a summons in an action brought in courts of general jurisdiction in the state where the district court is located or where service is made[.]” FED. R. CIV. P. 4(h)(1)(A), 4(e)(1). Florida Statutes permit process to be served on a corporation by serving any one of the following persons: (a) the president, vice president or other corporate head; (b) the cashier, treasurer, secretary, or general manager; (c) any corporate director; (d) any officer or business agent residing in Florida; (e) an agent designated by the corporation under FLA. STAT. 48.091. 1 See FLA. STAT. § 48.081. If the address provided for the registered agent, officer, or director is a residence or private residence, “service on the corporation may be [made by] serving the registered agent, officer, or director in accordance with s. 48.031.” Id. at § 48.081(3)(b). Section 48.031, permits a process 1 FLA. STAT. § 48.091 provides that: (1) Every Florida corporation and every foreign corporation now qualified or hereafter qualifying to transact business in this state shall designate a registered agent and registered office in accordance with chapter 607. (2) Every corporation shall keep the registered office open from 10 a.m. to 12 noon each day except Saturdays, Sundays, and legal holidays, and shall keep one or more registered agents on whom process may be served at the office during these hours. The corporation shall keep a sign posted in the office in some conspicuous place designating the name of the corporation and the name of its registered agent on whom process may be served. Under the statute, if plaintiff is unable to serve the registered agent because of the failure to comply with FLA. STAT. § 48.091, “service of process shall be permitted on any employee at the corporation’s principal place of business or on any employee of the registered agent.” FLA. STAT. § 48.081(3)(a). -2- server to effect service on “any person residing therein who is 15 years of age or older ...” FLA. STAT. § 48.031(1)(a). Plaintiffs attempted to serve Defendant KWP Services, LLC by serving its registered agent, Karen Wahl at 2423 A Orange Avenue, Suite 179, Orlando FL 32805 (Doc. 149-1 at 5). In fact, the process server served Harry Wahl, as Karen Wahl’s husband, at their usual place of abode, 2574 Sheffield Avenue, Orlando, FL 32805 (Id., at 3). Because it does not appear that Harry Wahl is this Defendant’s officer, director, manager, registered agent or employee, and the address for the Defendant is not the Wahl’s private residence, the Court is in doubt about the sufficiency of the service of process on this Defendant. Accordingly, the motion for entry of default against KWP Services, LLC is DENIED without prejudice. DONE and ORDERED in Orlando, Florida on April 20, 2017. Copies furnished to: Counsel of Record Unrepresented Parties -3-

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