Tillman v. Stanley Black & Decker Corporation

Filing 12

ORDER denying without prejudice 11 the plaintiff's motion for entry of default. Signed by Magistrate Judge Patricia D. Barksdale on 3/10/2025. (KG)

United States District Court
Middle District of Florida
Orlando Division
CORNELIUS TILLMAN,
Plaintiff,
v.

NO. 6:24-cv-2286-CEM-UAM

STANLEY BLACK & DECKER CORPORATION,
Defendant.

Order
The plaintiff moves for entry of default against the defendant. Doc. 11.
He declares under penalty of perjury that he “personally served” the summons
on the defendant and provides a copy of a United States Postal Service receipt
with an address to “Stanley Black and Decker,” care of “Donald Allen, Jr.” at
“1000 Stanley Dr., New Britain, CT 06053,” and a February 7, 2025, signature
of “G. Felix.” Doc. 10.
To obtain default, a plaintiff must show the defendant has failed to
appear after proper service of process (the summons and the complaint) on the
defendant. See Fed. R. Civ. P. 55(a) (“Entering a Default”).
Rule 4, Federal Rules of Civil Procedure, governs service of process.
Under that rule, “The plaintiff is responsible for having the summons and
complaint served within the time allowed by Rule 4(m) and must furnish the
necessary copies to the person who makes service.” Fed. R. Civ. P. 4(c)(1). “Any
person who is at least 18 years old and not a party may serve a summons and
complaint.” Fed. R. Civ. P. 4(c)(2). Because a party may not serve process, a

plaintiff usually appoints a commercial process server to serve process for a
fee. A plaintiff can also ask a party to waive service of process by following the
rule’s requirements for waiver. Fed. R. Civ. P. 4(d).
Rule 4 explains how to serve process on a corporation:
(h) SERVING A CORPORATION, PARTNERSHIP, OR ASSOCIATION. Unless
federal law provides otherwise or the defendant’s waiver has been filed,
a domestic or foreign corporation, or a partnership or other
unincorporated association that is subject to suit under a common name,
must be served:
(1) in a judicial district of the United States:
(A) in the manner prescribed by Rule 4(e)(1) for serving an
individual; or
(B) by delivering 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; or
(2) at a place not within any judicial district of the United States, in
any manner prescribed by Rule 4(f) for serving an individual, except
personal delivery under (f)(2)(C)(i).

Fed. R. Civ. P. 4(h). The rule’s reference to “any other agent authorized by
appointment or by law” is to, for example, a registered agent. In Florida, a
corporation’s registered agent can be determined from Florida’s Division of
Corporations website, https://dos.fl.gov/sunbiz/search/. The rule’s reference to
Rule 4(e)(1) is to the rule on serving an individual:
(e) SERVING AN INDIVIDUAL WITHIN A JUDICIAL DISTRICT OF THE UNITED
STATES. Unless federal law provides otherwise, an individual—other
than a minor, an incompetent person, or a person whose waiver has been
filed—may be served in a judicial district of the United States by:

2

(1) 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(e)(1). Under Florida law, “A domestic corporation or registered
foreign corporation may be served with process required or authorized by law
by service on its registered agent[.]” Fla. Stat. § 48.081(2).
“Delivering” is not accomplished by “mailing.” See Johnson v.
Champions, No. 12-0334-WS-M, 2013 WL 275957, at *1 (S.D. Ala. Jan. 24,
2013) (holding that the plaintiffs failed to perfect service of process on a
defendant by mailing process to him by certified mail; explaining that
“mailing” and “delivering” are different terms with different meanings; citing
cases). The summons is intended to inform a defendant that a lawsuit has been
filed against the defendant and that the defendant must respond within a
limited period. Mailing is insufficient to effectuate that purpose. Moreover, a
defendant’s actual notice is insufficient to cure defectively executed service.
Albra v. Advan, Inc., 490 F.3d 826, 829 (11th Cir. 2007).
“If a defendant is not served within 90 days after the complaint is filed,
the court—on motion or on its own after notice to the plaintiff—must dismiss
the action without prejudice against that defendant or order that service be
made within a specified time.” Fed. R. Civ. P. 4(m). “Within twenty-one days
after service of a summons and complaint, a party must file proof of service.”
Local Rule 1.10(a).
The plaintiff in this action fails to show proper service of process. The
plaintiff himself cannot serve process, and mailing process to the defendant’s
officer—even by certified mail—is insufficient. That someone signed for
certified mail does not cure defective service of process. Without a showing that

3

the defendant has failed to appear after proper service of process, the motion,
Doc. 11, is denied without prejudice.
The plaintiff filed the complaint on December 16, 2024. Doc. 1. He has
until March 17, 2025, to properly serve the defendant with process or move the
Court for more time.
The Court’s website (www.flmd.uscourts.gov) offers resources for
unrepresented litigants, including a Guide for Proceeding Without a Lawyer.
In addition, the Orlando Chapter of the Federal Bar Association operates a
Legal Information Program through which unrepresented litigants may obtain
information from a lawyer on a limited basis for free. To participate, the
plaintiff may contact the clerk’s office at [phone] or schedule an
appointment

on

the

Court’s

website

(www.flmd.uscourts.gov/legal-

information-program).
Ordered in Jacksonville, Florida, on March 10, 2025.

c:

Cornelius Tillman
2338 Shenandoah Rd. NE-B
Palm Bay, FL 32905

4