Patnaude v. Sears Pest Control Inc et al

Filing 14

ORDER granting 8 Motion for Entry of Default as to Defendant Sears Pest Control, Inc. Defendant's Response 12 is hereby STRICKEN. Plaintiff shall file Motion for Default Final Judgment by Noon, 1/29/2009. Plaintiff shall file Notice of service by Noon, 2/3/2009. Signed by Judge William J. Zloch on 1/22/2009. (bc)

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO. 08-61980-CIV-ZLOCH PHILLIP PATNAUDE, Plaintiff, vs. SEARS PEST CONTROL, INC. ALAN KRAVITSKY, and LARRY KRAVITSKY, Defendants. / THIS MATTER is before the Court upon Plaintiff Phillip ORDER ENTERING DEFAULT AS TO DEFENDANT SEARS PEST CONTROL, INC.

Patnaude's Motion For Entry Of Clerk's Default (DE 8).

The Court

has carefully reviewed said Motion and the entire court file and is otherwise fully advised in the premises. As demonstrated by a Return of Service (DE 6), Defendant

Sears Pest Control was served on December 17, 2008, with a copy of the Complaint and Summons filed herein. Defendant Alan Kravitsky

was also served and appearing pro se filed what can be loosely considered an Answer on January 8, 2009. The time for Defendant Plaintiff has

Sears Pest Control to file an Answer has elapsed and filed the instant Motion (DE 8).

But Defendant Alan Kravitzy has

filed a Response (DE 12) to the instant Motion as Defendant Sears Pest Control, Inc.'s agent. While Mr. Kravitzy may appear and

defend this action, pro se, a corporation is not allowed to defend an action without an attorney. Palazzo v. Gulf Oil Corp., 764 F.2d

1381, 1385 (11th Cir. 1985).

Therefore, the Court will strike the

Response (DE 12) filed by Kravitzy on behalf of the corporate Defendant and enter a Default against Defendant Sears Pest Control, Inc. Accordingly, after due consideration, it is ORDERED AND ADJUDGED that Plaintiff Phillip Patnaude's Motion For Entry Of Clerk's Default (DE 8) be and the same is hereby GRANTED as to Defendant Sears Pest Control, Inc. as follows: 1. The Response (DE 12) filed on behalf of Defendant Sears

Pest Control, Inc. be and the same is hereby STRICKEN; 2. Pursuant to Rule 55 Default be and the same is hereby entered against Defendant Sears Pest Control, Inc. Default Final Judgment shall be entered by separate Order of the Court; 3. Pursuant to Rule 55(b)(2) by noon, Thursday, January 29,

2009, Plaintiff shall file with the Clerk of this Court and serve upon Defendant Sears Pest Control, Inc. a Motion For Default Final Judgment, together complete with a with supporting Default Affidavits and as Exhibits, to said

proposed

Final

Judgment

Defendant; 4. By noon, Tuesday, February 3, 2009, Plaintiff shall file with the Clerk of this Court Notice that he has served said Defendant with a copy of his Motion For Default Final Judgment; and

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5.

Upon the failure of Plaintiff to comply with the terms and

conditions of this Order, the Court may dismiss this action without prejudice and without further notice or hearing. DONE AND ORDERED in Chambers at Fort Lauderdale, Broward County, Florida, this 22nd day of January, 2009.

WILLIAM J. ZLOCH United States District Judge Copies furnished: All Counsel and Parties of Record

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