Thomas v. Smith, Dean & Associates, Inc. et al

Filing 8

ORDER denying without prejudice 7 Plaintiff's Motion for Entry of Clerk's Default Against Defendant Smith, Dean & Associates, Inc. Defendant Smith, Dean & Associates, Inc. shall have until December 7, 2010, to file a notice of appearance of counsel and respond to Plaintiff's complaint. Signed by Judge Virginia M. Hernandez Covington on 11/16/2010. (CR)

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION ELAINE THOMAS, Plaintiff, v. CASE NO: 8:10-cv-1444-T-33EAJ

SMITH, DEAN & ASSOCIATES, INC., et al., Defendants. _______________________________/ ORDER This cause comes before the Court pursuant to Plaintiff Elaine Thomas' Motion for Entry of Clerk's Default Against Defendant Smith, Dean & Associates, Inc. (Doc. # 7). On June 28, 2010, Ms. Thomas filed her complaint (Doc. # 1) against Smith, Dean & Associates, Inc. alleging numerous violations of the Fair Debt Collection Practices Act, the Florida Consumer Collections Practices Act, and invasion of privacy. On July 28, 2010, Smith, Dean & Associates, Inc. was served with the summons and complaint (Doc. # 3). On August

12, 2010, Lisa Smith, President of Smith, Dean & Associates, Inc., filed a pro se answer (Doc. # 4) to the complaint. Ms.

Thomas argues that because Lisa Smith is not an attorney and she cannot file an answer on behalf of the corporate

defendant, Smith, Dean & Associates, Inc. has failed to

properly plead or otherwise defend this action.

Ms. Thomas

now moves this Court for entry of clerk's default against Smith, Dean & Associates, Inc. Upon due consideration, the Court will allow Smith, Dean & Associates, Inc. an extended opportunity to retain counsel and respond to the complaint prior to entering clerk's

default.

Since corporations may appear and be heard only

through counsel, Smith, Dean & Associates, Inc. shall have until December 7, 2010, to file a notice of appearance of counsel and respond to Ms. Thomas' complaint. See Local Rule

2.03(e); Energy Lighting Mgmt., LLC v. Kinder, 363 F. Supp. 2d 1331, 1332 (M.D. Fla. 2005)(citations omitted).

Accordingly, it is ORDERED, ADJUDGED, and DECREED: (1) Plaintiff Elaine Thomas' Motion for Entry of

Clerk's Default Against Defendant Smith, Dean & Associates, Inc. (Doc. # 7) is DENIED without

prejudice to re-file as necessary. (2) Defendant Smith, Dean & Associates, Inc. shall have until December 7, 2010, to file a notice of

appearance of counsel and respond to Ms. Thomas' complaint. 2

DONE and ORDERED in Chambers in Tampa, Florida, this 16th day of November, 2010.

Copies: All Parties and Counsel of Record

3