Choice Hotels International, Inc. v. Aditi Anya, LLC et al

Filing 12

ORDER directing the Clerk to enter Defendants' default in this case pursuant to Fed.R.Civ.P. 55(a). If Plaintiff intends to seek entry of a default judgment against Defendants under Fed.R.Civ.P. 55(b), Plaintiff must move for such within twenty-one (21) days of the date of this Order. (Compliance due by 2/22/2018). Signed by Magistrate Judge R. Stan Baker on 2/1/2018. (ca)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF GEORGIA
BRUNSWICK DIVISION

CHOICE HOTELS INTERNATIONAL, INC.,
Plaintiff,

CIVIL ACTION NO.: 2:17-cv-101

v.
ADITI ANYA, LLC; and AVADHESH
PATEL,
Defendants.

ORDER
This matter is before the Court on Defendants failure to comply with their Federal Rule of
Civil Procedure 12(a) obligation to timely answer or serve a responsive pleading. Plaintiff filed
this trademark infringement action on August 29, 2017. (Doc. 1.) Thereafter, Plaintiff effected
personal service on Defendant Aditi Anya, LLC on September 9, 2017, (doc. 8-1, p. 2), and on
Defendant Patel on October 19, 2017, (doc. 9-1, p. 2). Under Rule 12(a), when a defendant has
been personally served, that defendant must serve a responsive pleading or serve an answer
“within 21 days after being served with the summons and complaint[.]”

Fed. R. Civ. P.

12(a)(1)(A)(i); Gardner v. Aloha Ins. Servs., 566 F. App’x 903, 906 (11th Cir. 2014). Defendants
in this case have yet to file any responsive pleading or otherwise appear, despite having been
personally served well over twenty-one days ago. In fact, more than 100 days have passed since
Plaintiff personally served each Defendant.
Federal Rule of Civil Procedure 55(a), governing defaults, provides “[w]hen a party
against whom a judgment for affirmative relief is sought has failed to plead or otherwise defend,
and that failure is shown by affidavit or otherwise, the clerk must enter the party’s default.” See

also Perez v. Wells Fargo N.A., 774 F.3d 1329, 1336–37 (11th Cir. 2014) (discussing Rule 55).
As noted, neither Defendant Aditi Anya, LLC nor Defendant Patel have filed an answer or other
otherwise defended the case against them since being personally served. Consequently, the Court
DIRECTS the Clerk of Court to enter Defendants’ default in this case pursuant to Federal Rule of
Civil Procedure 55(a). If Plaintiff intends to seek entry of a default judgment against Defendants
under Federal Rule of Civil Procedure 55(b), Plaintiff must move for such within twenty-one (21)
days of the date of this Order. If Plaintiff does not timely move for default judgment or otherwise
endeavor to advance its cause of action, the Court may dismiss this case for failure to prosecute
and failure to follow this Court’s Order.
SO ORDERED, this 1st day of February, 2018.

R. STAN BAKER
UNITED STATES MAGISTRATE JUDGE
SOUTHERN DISTRICT OF GEORGIA

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