JACOBS v. TAKHAR COLLECTION SERVICES LTD et al

Filing 8

ORDER re 7 APPLICATION for Clerk's Entry of Default is GRANTED. Clerk is directed to enter a Clerk's default against TAKHAR COLLECTION SERVICES LTD. Signed by MAGISTRATE JUDGE GARY R JONES on 6/26/2012. (jws)

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IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF FLORIDA
GAINESVILLE DIVISION
DANIELLE JACOBS,
Plaintiff,
vs.

Case No: 1:12-cv-85-MP-GRJ

TAKHAR COLLECTION SERVICES,
LTD., and DOE 1,
Defendants.
_______________________________/

ORDER
This case is before the Court on Plaintiff’s Request for Entry of Default. (Doc. 7.)
Plaintiff requests the entry of a Clerk’s default against Defendant Takhar Collection
Services, Ltd. (“Takhar”) based on Takhar’s failure to respond to the Complaint. The
docket reflects that Margaret Wilson, CT corporation, Takhar’s registered agent, was
served on May 30, 2012. Takhar did not file a response or other paper by June 20,
2012, the deadline for responding to the complaint.
Pursuant to Fed. R. Civ. P. 55(a), “When a party against whom a judgment for
affirmative relief is sought has failed to pleads or otherwise defend, and that failure has
been shown by affidavit or otherwise, the clerk must enter the party’s default.” Before
a Clerk’s default can be issued against the defaulting party, however, the serving party
must establish the defaulting party was properly served. Miller v. Prime Management
Recovery LLC, No. 2:11–cv–308–FtM–29SPC, 2011 WL 4501379, at *1 (M.D. Fla.
Sept. 28, 2011).
Pursuant to Rule 4(h) of the Federal Rules of Civil Procedure, a business entity,
like Takhar, may be served by delivering a copy of the summons and complaint to an

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agent authorized by law to accept service of process. Plaintiff served Takhar by serving
its registered agent, CT Corporation at its Los Angeles, California office and therefore
service of process appears to be proper. Accordingly, Plaintiff’s request for entry of a
clerk’s default is due to be granted.
Upon due consideration, it is ORDERED that:
1.

Plaintiff’s Request For Entry Of Default (Doc. 7) is GRANTED.

2.

The Clerk is directed to enter a Clerk’s default against Defendant Takhar
Collection Services, Ltd.

DONE AND ORDERED this 26th day of June 2012.

s/Gary R. Jones
GARY R. JONES
United States Magistrate Judge