Kennedy v. Spring Hill Hotel LLC

Filing 9

ORDER denying without prejudice 8 motion for entry of clerk's default. Signed by Magistrate Judge Amanda Arnold Sansone on 4/20/2018. (DMP)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
PATRICIA KENNEDY
Plaintiff,
v.

Case No.: 8:18-cv-548-T-35AAS

SPRING HILL HOTEL, LLC,
Defendant.
______________________________________/
ORDER
Patricia Kennedy moves for an entry of clerk’s default under Federal Rule of Civil
Procedure 55(a). (Doc. 8). Ms. Kennedy claims Spring Hill Hotel, LLC, failed to respond to Ms.
Kennedy’s complaint, which she served on the defendant on March 8, 2018. (Docs. 7, 8).
Under Rule 55(a), when a defendant fails to “plead or otherwise defend, and that failure is
shown by affidavit or otherwise, the clerk must enter the party’s default.” Fed. R. Civ. P. 55(a).
Before directing the clerk to enter a default, however, the court must determine whether the party
requesting the default properly served the defendant. United States v. Donald, No. 3:09-CV-147J-32HTS, 2009 WL 1810357, at *1 (M.D. Fla. June 24, 2009) (citations omitted). The requesting
party’s proof of service should include enough information to show that the opposing party was
properly served. 10 James Wm. Moore et al., Moore’s Federal Practice, § 4.103 (3d ed. 2017).
Here, Ms. Kennedy’s proof of service fails to include enough information to show she
properly served Spring Hill Hotel. Ms. Kennedy’s proof of service states she served an employee
of Spring Hill Hotel. (Doc. 7). Rule 4 permits service on an employee of a defendant corporation
when that service complies with the state law governing serving a summons.

Fed. R. Civ. P.

4(e)(1), (h)(1)(A). With respect to serving limited liability companies, Florida Statute § 48.062
1

permits service on an employee of the company’s registered agent or an employee designated by
the company to accept service. Fla. Stat. § 48.062.1 Ms. Kennedy’s proof of service fails to include
information addressing why acceptance of the complaint by that particular employee constituted
effective service of Spring Hill Hotel. Thus, Ms. Kennedy’s proof of service is deficient.
Accordingly, Ms. Kennedy’s Motion for Default (Doc. 8) is DENIED without prejudice.
Ms. Kennedy may amend her proof of service under Federal Rule of Civil Procedure 4(l)(3).
ORDERED in Tampa, Florida on this 20th day of April, 2018.

1

Although Spring Hill Hotel is a limited liability company (not a limited liability corporation),
Rule 4(h) applies. See Hunt v. Nationstar Mortgage, LLC, 684 F. App’x 938 (11th Cir. 2017)
(applying Rule 4(h) to a limited liability company).
2