Staley v Health First, Inc.

Filing 9

ORDER denying without prejudice 8 Motion for Clerk's Entry of Default Against Defendant Health First, Inc. Plaintiff shall file a renewed motion within fourteen (14) days of this Order, which must include a memorandum of legal authority establishing that service of process on Defendant was proper under applicable law. Signed by Magistrate Judge Leslie Hoffman Price on 6/3/2024. (MKH)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION

SHARON D. STALEY,
Plaintiff,
v.

Case No: 6:24-cv-621-CEM-LHP

HEALTH FIRST, INC.,
Defendant

ORDER
This cause came on for consideration without oral argument on the following
motion filed herein:
MOTION: MOTION CLERK’S ENTRY OF DEFAULT AGAINST
DEFENDANT HEALTH FIRST, INC. (Doc. No. 8)
FILED:

May 31, 2024

THEREON it is ORDERED that the motion is DENIED without
prejudice.
Plaintiff seeks Clerk’s default against Defendant Health First, Inc., stating that
Defendant was served on April 19, 2024, but has failed to appear or otherwise
defend. Doc. Nos. 8, 8-1; see Fed. R. Civ. P. 55(a). Upon review, however, the
motion fails to comply with Local Rule 3.01(a) by failing to include a memorandum

of legal authority in support. 1 Relatedly, the motion fails to adequately address,
with citation to evidence and legal authority, that service of process on Defendant
was proper, in particular that service on “Jennifer L. as Concierge Specialist for
Health First, Inc.” was sufficient under governing law. See generally United States
v. Donald, No. 3:09-cv-147-J-32HTS, 2009 WL 1810357, at *1 (M.D. Fla. June 24, 2009)
(before a Clerk’s default can be entered against a defendant, the Court must
determine that the defendant was properly served).
Accordingly, Plaintiff’s motion (Doc. No. 8) is DENIED without prejudice.
Plaintiff shall file a renewed motion within fourteen (14) days of this Order, which
must include a memorandum of legal authority establishing that service of process
on Defendant was proper under applicable law.
DONE and ORDERED in Orlando, Florida on June 3, 2024.

Copies furnished to:
Counsel of Record
Unrepresented Parties

1

A lone citation to Federal Rule of Civil Procedure 12 does not suffice.
-2-