Publix Super Markets, Inc. v. Wilkins et al

Filing 12

ORDER granting 11 Plaintiff's Motion for Clerk's Entry of Default Against Defendants Javon Melton and Lachadrick Reese. The Clerk is directed to enter defaults against Defendants Javon Melton, as the mother of Defendant J.R., a minor, and Lachadrick Reese. Signed by Magistrate Judge Julie S. Sneed on 10/25/2017. (LBL)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
PUBLIX SUPER MARKETS, INC.,
Plaintiff,
v.

Case No: 8:17-cv-1918-T-27JSS

CAMILLE M. WILKINS, LACHADRICK
REESE, and JAVON MELTON, as mother
and natural guardian of J.R., a minor,
Defendants.
___________________________________/
ORDER
THIS MATTER is before the Court on Plaintiff’s Motion for Clerk’s Entry of Default
Against Defendants Javon Melton and Lachadrick Reese (“Motion”).

(Dkt. 11.)

In this

interpleader action, Plaintiff requests a determination of the proper disposition of the Employee
Stock Ownership Plan (“ESOP”) account of its former employee, who is deceased (“Decedent”).
(Dkt. 1.) Defendant Camille Wilkins, who has answered the Complaint (Dkt. 10), is Decedent’s
surviving spouse, Defendant Lachadrick Reese is Decedent’s adult child, and J.R. is Decedent’s
minor child. (Dkt. 1 ¶¶ 16, 24.) Defendants assert interests in Decedent’s ESOP account.1
In the Motion, Plaintiff seeks entry of Clerk’s defaults as to Javon Melton, who is J.R.’s
mother, and Lachadrick Reese. On August 30, 2017, Plaintiff filed proof of service as to Ms.
Melton and Mr. Reese, stating that they were served on August 19, 2017. (Dkt. 6.) As to Mr.
Reese, the server avers that service was performed on him via substitute service by leaving the
summons and complaint with Ms. Melton, who is identified on the Verified Return of Service as
“MOTHER / CO-RESIDENT.” (Id. at 3.) Mr. Reese has been properly served, see Fed. R. Civ.

1

J.R., a minor, asserts an interest through his mother, Defendant Javon Melton. (Dkt. 1 ¶ 24.)

P. 4(e)(2)(B), and entry of a Clerk’s default as to him is therefore proper, see id. at 12(a)(1)(A)(i),
55(a).
As to Ms. Melton, who brings this action on behalf of her minor child, “[a] minor or an
incompetent person in a judicial district of the United States must be served by following state law
for serving a summons or like process on such a defendant in an action brought in the courts of
general jurisdiction of the state where service is made.” Id. at 4(g). Under Florida law, minors are
served “[b]y serving a parent or guardian of the minor as provided for in s[ection] 48.031.” §
48.041(1)(a), Fla. Stat. Florida Statutes § 48.031(1)(a) provides that “[s]ervice of original process
is made by delivering a copy of it to the person to be served with a copy of the complaint, petition,
or other initial pleading.” Id. § 48.031(1)(a). Because a copy of the summons and complaint were
served on Ms. Melton personally (Dkt. 6 at 4), service was proper and entry of Clerk’s default
against Ms. Melton is proper. See Fed. R. Civ. P. 12(a)(1)(A)(i), 55(a).
Accordingly, Plaintiff’s Motion for Clerk’s Entry of Default Against Defendants Javon
Melton and Lachadrick Reese (Dkt. 11) is GRANTED. The Clerk is directed to enter defaults
against Defendants Javon Melton, as the mother of Defendant J.R., a minor, and Lachadrick Reese.
DONE and ORDERED in Tampa, Florida, on October 25, 2017.

Copies furnished to:
Counsel of Record
Unrepresented Party

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