ADVANCED MEDICAL GROUP OF CENTRAL FLORIDA LLC AND VINAY KATUKURI, MD
v.
BTL INDUSTRIES, INC., MMP CAPITAL, INC., AMUR EQUIPMENT FINANCE, INC., BANLEACO, INC., LEAF CAPITAL FUNDING, LLC AND NORTH MILL CREDIT TRUST
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The court denied as moot a motion for default against Leaf Capital Funding, LLC because the underlying complaint had been dismissed and transferred to the District Court for the District of Massachusetts, leaving no operative pleading to which the default could attach.
A motion for default cannot be entered on a dismissed pleading; therefore, the motion for default is necessarily moot when the complaint underlying it has been dismissed.
“A default cannot be entered on a dismissed pleading, and therefore Plaintiff's motions are necessarily moot.”
Establishes the core principle that default motions cannot attach to dismissed complaints.
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Join FLexlaw to unlock all legal intelligencePlaintiffs Advanced Medical Group of Central Florida LLC and Vinay Katukuri, MD filed a motion for default against defendant Leaf Capital Funding, LLC…
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Leaf Capital Funding, LLC and Memorandum of Law in Support Thereof. Doc. No. 101. However, after Plaintiffs' filed the present motion, the Presiding District Judge transferred several claims to the United States District Court for the District of Massachusetts, and dismissed the remainder of Plaintiffs' complaint with leave to file an amended complaint by January 6, 2026. Doc. No. 102. Because Plaintiffs' motion for default related to the now-dismissed pleading, the motion
(Doc. No. 101) is DENIED as moot. See Allston v. Desantis, No. 6:24-cv-1085-CEM- DCI, 2025 WL 3484765, at *3 (M.D. Fla. Dec. 4, 2025) (“[A] default cannot be entered on a dismissed pleading, and therefore Plaintiff's motions are necessarily moot."); Vanstralen v. Tampa Bay Radiology Assocs., P.A., No. 8:20-cv-2445-T-36CPT, 2020 WL 7054687, at *1 (M.D. Fla. Dec. 2, 2020) (“As the original complaint is no longer the operative complaint, Plaintiff's motions for default due to Defendants' failure to respond to the initial complaint are now moot.").
DONE and ORDERED in Orlando, Florida on January 5, 2026.
Leslie Hoffman Price UNITED STATES MAGISTRATE JUDGE
Copies furnished to: Counsel of Record
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Advanced Med. Grp. of Cent. Fla. LLC v. BTL Indus., Inc., 2025 WL 3484765 (M.D. Fla. 2026)…e to file an amended complaint by January 6, 2026. Doc. No. 102. Because Plaintiffs’ motion for default related to the now-dismissed pleading, the motion (Doc. No. 101) is DENIED as moot. See Allston v. Desantis, No. 6:24-cv-1085-CEM- DCI, 2025 WL 3484765, at *3 (M.D. Fla. Dec. 4, 2025) (“,A] default cannot be entered on a dismissed pleading, and therefore Plaintiff's motions are necessarily moot.”); Vanstralen v. Tampa Bay Radiology Assocs., P.A., No. 8:20-cv-2445-T-36CPT, 2020 WL 7054687, at *1 (M…
Authorities Cited
- Advanced Med. Grp. of Cent. Fla. LLC v. BTL Indus., Inc., 2025 WL 3484765 (M.D. Fla. 2026)