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)

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-