Ganier v. Ramsgate Insurance Inc. et al

Filing 21

ORDER granting 20 Motion for Reconsideration and directing Clerk to vacate 19 Order and to open this case. Plaintiff to seek default final judgment no later than 1/26/2018 in accord with the attached order. Signed by Judge Richard A. Lazzara on 1/12/2018. (CCB)

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UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION ROBERT GANIER, individually and on behalf of all others similarly situated, Plaintiff, v. CASE NO. 8:17-cv-2463-T-26MAP RAMSGATE INSURANCE, INC., et al., Defendants. / ORDER Plaintiff, through counsel, has filed a Motion for Reconsideration and Relief From Order. After careful consideration, the Court concedes that it overlooked the fact that Plaintiff obtained clerk’s defaults against all four Defendants within sixty (60) days of service. However, the record indisputably reflects that Plaintiff’s counsel did not seek a default final judgment within sixty (60) days of service on Defendants as the rule explicitly requires. Although the Court appreciates that Plaintiff’s counsel may have required additional time to seek a default final judgment because of the complexity of the case, counsel had the option under the rule to seek more time to seek such a judgment but for some reason failed to do so. Also unexplained is why counsel waited eight (8) days to seek relief from the order of dismissal. The Court, however, will not penalize Plaintiff for the inaction of his counsel. ACCORDINGLY, the Motion for Reconsideration and Relief From Order (Dkt. 20) is granted. The Court’s order of dismissal entered at docket 19 is vacated. The Clerk is directed to reopen this case. Plaintiff’s counsel shall file a motion seeking a default final judgment pursuant to Rule 55(b) of the Federal Rules of Civil Procedure no later than January 26, 2018, failing which this case will again be subject to dismissal without notice and without prejudice. DONE AND ORDERED at Tampa, Florida, on January 12, 2018. s/Richard A. Lazzara RICHARD A. LAZZARA UNITED STATES DISTRICT JUDGE COPIES FURNISHED TO: Counsel of Record -2-

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