Williams et al v. Department of the Air Force

Filing 12

ORDER denying 11 Motion for Entry of Default. Signed by Magistrate Judge Thomas B. Smith on 4/26/2017. (Smith, Thomas)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION
DORTHY WILLIAMS and CARMEN
GUZMAN,
Plaintiffs,
v.

Case No: 6:16-cv-1530-Orl-41TBS

DEPARTMENT OF THE AIR FORCE,
Defendant.
ORDER
Pending before the Court is Plaintiffs’ Motion for Entry of Clerk’s Default against
Defendants [sic] Department of the AirForce and Response to Show Cause Order (Doc.
11). The motion for entry of default is premature.
Plaintiffs are suing the Department of the Air Force, an agency of the United
States. Pursuant to Rule 4(i), Federal Rules of Civil Procedure: “To serve a United States
agency or corporation, or a United States officer or employee sued only in an official
capacity, a party must serve the United States and also send a copy of the summons and
of the complaint by registered or certified mail to the agency, corporation, officer, or
employee.” FED. R. CIV. P. 4(i)(2). To serve the United States a party must:
(A)(i) deliver a copy of the summons and of the
complaint to the United States attorney for the district where
the action is brought—or to an assistant United States attorney
or clerical employee whom the United States attorney
designates in a writing filed with the court clerk—or
(ii) send a copy of each by registered or certified mail to
the civil-process clerk at the United States attorney's office;

(B) send a copy of each by registered or certified mail
to the Attorney General of the United States at Washington,
D.C.; and
(C) if the action challenges an order of a nonparty
agency or officer of the United States, send a copy of each by
registered or certified mail to the agency or officer.
FED. R. CIV. P. 4(i)(1).
There is no showing that service on the Defendant was made in accordance with
these provisions. The motion is therefore DENIED.
DONE and ORDERED in Orlando, Florida on April 26, 2017.

Copies furnished to Counsel of Record

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