Houston Casualty Company v. Angels on Earth PPEC, LLC et al

Filing 70

ORDER denying without prejudice 69 Houston Casualty Company's Motion for Clerk's Default Against Angels on Earth PPEC, Inc. Signed by Magistrate Judge Leslie Hoffman Price on 3/12/2025. (MKH)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION

HOUSTON CASUALTY COMPANY,
Plaintiff,
v.

Case No: 6:24-cv-1140-PGB-LHP

ANGELS ON EARTH PPEC, INC. and
JOYCE DURHAM,
Defendants

ORDER
Before the Court is Houston Casualty Company’s Motion for Clerk’s Default
Against Angels on Earth PPEC, Inc. Doc. No. 69. On review, the motion (Doc.
No. 69) is DENIED without prejudice. First, the motion fails to comply with Local
Rule 3.01(g). Second, the motion fails to demonstrate, by citation to applicable
legal authority, that Angels on Earth PPEC, Inc. was properly served. Specifically,
Plaintiff fails to show that service on a corporation by substitute service on a coresident of a registered agent, at a residential address not listed with the Florida
Secretary of State, suffices to effect proper service under governing law. See Doc.
No. 69. Cf. Roor Int’l BV v. DNR USA Corp., No. 6:19-cv-171-Orl-31LRH, 2019 WL
10784415, at *2 (M.D. Fla. Nov. 13, 2019) (“Plaintiffs’ motion seems to suggest that

if a registered agent can no longer be found at the address provided, it is proper to
serve the registered agent by substitute service at his residential address . . . .
Plaintiffs . . . have provided no binding or persuasive authority in support, and at
least one court in this district has previously rejected a similar argument.” (citing
Auto-Owners Ins. Co. v. Traster, No. 6:16-cv-2051-Orl-41DCI, 2017 WL 10080181, at
*2 (M.D. Fla. Apr. 5, 2017))).
Plaintiff shall file a renewed motion within fourteen (14) days of this Order,
in full compliance with the Local Rules, and demonstrating by citation to legal
authority that service on Angels on Earth PPEC, Inc. was proper.
DONE and ORDERED in Orlando, Florida on March 12, 2025.

Copies furnished to:
Counsel of Record
Unrepresented Parties

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