Reyes-Trujillo et al v. Four Star Greenhouse, Inc. et al

Filing 53

ORDER granting 50 Motion for Entry of Default. Signed by District Judge Judith E. Levy. (WBar)

Case 5:20-cv-11692-JEL-RSW ECF No. 53, PageID.647 Filed 09/08/21 Page 1 of 5

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
Eduardo Reyes-Trujillo, Gerardo
Santiago-Hernandez, Miguel Angel
Martinez-Barragan, Santos Bruno- Case No. 20-11692
Cruz, Pablo Mateo-Velazquez, and
Andres Ponciano-Serna,
Judith E. Levy
United States District Judge
Plaintiffs,
Mag. Judge R. Steven Whalen
v.
Four Star Greenhouse, Inc. and
Thomas Smith,
Defendants/
Third-Party
Plaintiffs,
v.
Vasquez Citrus & Hauling, Inc.,
Third-Party
Defendant.
________________________________/
ORDER GRANTING DEFENDANTS/THIRD-PARTY
PLAINTIFFS’ MOTION FOR ENTRY OF DEFAULT [50]
Before the Court is a motion for entry of default filed by
Defendants/Third-Party Plaintiffs Four Star Greenhouse, Inc. and

Case 5:20-cv-11692-JEL-RSW ECF No. 53, PageID.648 Filed 09/08/21 Page 2 of 5

Thomas Smith. (ECF No. 50.) Defendants/Third-Party Plaintiffs ask
that “the Court direct the Clerk of the Court to enter a Default as to
[Third-Party Defendant] Vasquez Citrus & Hauling, Inc.” pursuant to
Federal Rule of Civil Procedure 55(a). (Id. at PageID.640.) For the
reasons set forth below, Defendants/Third-Party Plaintiffs’ motion for
entry of default is GRANTED.
Defendants/Third-Party Plaintiffs filed a third-party complaint on
September 16, 2020. (ECF Nos. 17, 20.) The third-party complaint
asserts claims of contractual indemnity (Count I) and breach of contract
(Count II) against Third-Party Defendant, a Florida corporation. (ECF
No. 20.) On October 5, 2020, a third-party summons was issued for
Third-Party Defendant. (ECF No. 24.) On February 12, 2021, the Court
granted Defendants/Third-Party Plaintiffs’ motion for alternative
service and/or issuance of additional summons (ECF No. 43), and a new
third-party summons was issued for Third-Party Defendant on
February 16, 2021. (ECF No. 44.) Defendants/Third-Party Plaintiffs
indicate in their motion for entry of default that:
2. The Summons and Third-Party Complaint were served
pursuant to this Honorable Court’s February 12, 2021 Order
Granting Defendants/Third-Party Plaintiffs’ Motion for
Alternate Service (ECF No. 43) via first class mail, electronic
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mail and publishing in two newspapers. Certificates of
Service were filed on March 2, 202[]1 (ECF No. 45) and April
23, 2021 (ECF No. 49).
3. As of the date of this Motion for Entry of Default, [ThirdParty Defendant] has not filed an answer or other response.
(ECF No. 50, PageID.640.)
The certificate of service filed on March 2, 2021 indicates that on
February 16, 2021, the third-party complaint, the third-party summons,
and the Court’s February 12, 2021 order were served (1) “[v]ia 1st class
mail to VASQUEZ CITRUS & HAULING, INC. c/o its Registered Agent,
Juan Vasquez at 70 Harrison Road, Lake Placid, FL 33852” and “at 239
Baltimore Way, Lake Placid, FL 33852”; and (2) “[v]ia . . . electronic
mail to VASQUEZ CITRUS & HAULING, INC. c/o its Registered Agent,
Juan

Vasquez

at

[e-mail]”

and

“at

[e-mail].” (ECF No. 45, PageID.620–621.) In addition,
the certificate of service filed on April 23, 2021 indicates that the thirdparty complaint, the third-party summons, and the Court’s February
12, 2021 order were served (1) “[v]ia publishing in the Ann Arbor News,
located in Washtenaw County, Michigan,” on April 1, 2021, April 8,
2021, and April 15, 2021; and (2) “[v]ia publishing in the Highland

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News-Sun, located in Highlands County, Florida,” on March 30, 2021,
April 6, 2021, and April 13, 2021. (ECF No. 49, PageID.637–638.)
Federal Rule of Civil Procedure 55(a) provides that “[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.”1 Fed. R.
Civ. P. 55(a). And Eastern District of Michigan Local Rule 55.1
provides:
Requests for, with affidavits in support of, a Clerk’s Entry of
Default shall contain the following information:
(a) A statement identifying the specific defendant who is in
default.
(b) A statement attesting to the date the summons and
complaint were served upon the defendant who is in default.
(c) A statement indicating the manner of service and the
location where the defendant was served.
E.D. Mich. LR 55.1.
Because Defendants/Third-Party Plaintiffs have provided the
information listed in Local Rule 55.1 for purposes of requesting a
The Court notes that “[t]he fact that Rule 55(a) gives the clerk authority to
enter a default is not a limitation on the power of the court to do so.” 10A Charles
Alan Wright et al., Fed. Prac. & Proc. Civ. § 2682 (4th ed. 2021).
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Clerk’s Entry of Default, Defendants/Third-Party Plaintiffs’ motion for
entry of default is GRANTED. Accordingly, IT IS ORDERED that the
Clerk’s Office is directed to enter a default against Third-Party
Defendant.
IT IS SO ORDERED.
Dated: September 8, 2021
Ann Arbor, Michigan

s/Judith E. Levy
JUDITH E. LEVY
United States District Judge

CERTIFICATE OF SERVICE
The undersigned certifies that the foregoing document was served
upon counsel of record and any unrepresented parties via the Court’s
ECF System to their respective email or First Class U.S. mail addresses
disclosed on the Notice of Electronic Filing on September 8, 2021.
s/William Barkholz
WILLIAM BARKHOLZ
Case Manager

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