Delarosa v. Hunter Warfield, Inc.

Filing 12

ORDER: Plaintiff Jesus Delarosa is directed to move for default judgment without delay. Signed by Judge Virginia M. Hernandez Covington on 12/8/2016. (DRW)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
JESUS DELAROSA,
Plaintiff,
v.

Case No. 8:16-cv-2989-T-33TGW

HUNTER WARFIELD, INC.,
Defendant.
________________________________/
ORDER
This matter comes before the Court sua sponte. Defendant
Hunter Warfield, Inc. was served process on October 26, 2016.
(Doc. # 6). Because Hunter Warfield had not responded to the
Complaint and Delarosa had not promptly applied for entry of
Clerk’s

Default,

the

Court

entered

an

order

directing

Delarosa to show cause why this action should not be dismissed
for

failure

to

prosecute.

(Doc.

#

7).

Delarosa

timely

responded and indicated that the parties had agreed amongst
themselves that Hunter Warfield could have a 14-day extension
of

time

to

agreement,

respond
however,

to

the

was

Complaint.

not

approved

(Doc.
by

#

8).

the

That

Court.

Nevertheless, the Court provided Hunter Warfield an
extension of time; Hunter Warfield was directed to file a
response to the Complaint by noon on November 28, 2016. (Doc.

# 9). Hunter Warfield failed to respond as directed and
Delarosa applied for entry of Clerk’s Default on November 29,
2016. (Doc. # 10). Clerk’s default was entered against Hunter
Warfield on November 30, 2016. (Doc. # 11). Hunter Warfield
has not moved to set aside the entry of default.
Local Rule 1.07(b), M.D. Fla., states:
[w]hen service of process has been effected but no
appearance or response is made within the time and
manner provided by Rule 12, Fed. R. Civ. P., the
party effecting service shall promptly apply to the
Clerk for entry of default pursuant to Rule 55(a),
Fed. R. Civ. P., and shall then proceed without
delay to apply for a judgment pursuant to Rule
55(b), Fed. R. Civ. P., failing which the case shall
be subject to dismissal sixty (60) days after such
service without notice and without prejudice;
provided, however, such time may be extended by
order of the Court on reasonable application with
good cause shown.
The Court advises Delarosa he should move forward without
delay in seeking a default judgment in an effort to bring
this matter toward its final resolution.
Accordingly, it is
ORDERED, ADJUDGED, and DECREED:
Plaintiff Jesus Delarosa is directed to move for default
judgment without delay.

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DONE and ORDERED in Chambers in Tampa, Florida, this 8th
day of December, 2016.

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