HEARN
v.
AANIIIH NAKODA FINANCE, LLC
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The District Court denied plaintiff's motion for clerk's entry of default against defendant Total Management, Inc., finding the motion procedurally deficient for failing to comply with local rules.
The court denied plaintiff's motion without prejudice because it failed to comply with Local Rule 3.01(a) by omitting a memorandum of legal authority and failed to adequately address, with citations to authority, that service of process on the defendant was proper.
“The Motion "fails to comply with Local Rule 3.01(a) by failing to include a memorandum of legal authority in support."”
Establishes the primary basis for denial of the motion.
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Join FLexlaw to unlock all legal intelligencePlaintiff Hearn filed a motion seeking entry of default against defendant Total Management, Inc. The motion was submitted without proper supporting do…
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THIS CAUSE is before the Court on Plaintiff's Motion for Clerk's Entry of Default Against Defendant Total Management, Inc. (“Motion”). Doc. 33. The Motion is due to be denied without prejudice.
The Motion "fails to comply with Local Rule 3.01(a) by failing to include a memorandum of legal authority in support.” See Staley v. Health First, Inc., No. 6:24cv-621-CEM-LHP, 2024 WL 2815858, at *1 (M.D. Fla. June 3, 2024); see also Gardner v. Mutz, 488 F. Supp. 3d 1204, 1207 (M.D. Fla. 2020) (“[T]he Motion violates Local Rule 3.01(a) because it fails to include a memorandum of law. . . . The Motion is little more than one page long in substance and merely mentions Federal Rule of Civil Procedure 15(a)(2) in one sentence, which falls far short of being a memorandum of law."). Proper service is a prerequisite to a clerk's default, but the Motion fails to adequately address, with citations to authority, that service of process on Total Management, Inc. was proper. See Staley, 2024 WL 2815858, at *1.
Accordingly, Plaintiff's Motion (Doc. 33) is denied without prejudice. DONE AND ORDERED in Jacksonville, Florida, on August 26, 2025. Samuel J. Horovitz United States Magistrate Judge Copies to: Counsel of Record
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Hearn v. Aaniiih Nakoda Fin., LLC (M.D. Fla. 2025)…tion”). Doc. 33. The Motion is due to be denied without prejudice. The Motion “fails to comply with Local Rule 3.01(a) by failing to include a memorandum of legal authority in support.” See Staley v. Health First, Inc., No. 6:24- cv-621-CEM-LHP, 2024 WL 2815858, at *1 (M.D. Fla. June 3, 2024); see also Gardner v. Mutz, 488 F. Supp. 3d 1204, 1207 (M.D. Fla. 2020) (“[T]he Motion violates Local Rule 3.01(a) because it fails to include a memorandum of law. . . . The Motion is little more…1 / 2
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Panamerica Trade, Inc. v. Boys (M.D. Fla. 2025)…“Motion”). Doc. 49. The Motion is due to be denied without prejudice. The Motion “fails to comply with Local Rule 3.01(a) by failing to include a memorandum of legal authority in support.” See Staley v. Health First, Inc., No. 6:24- cv-621-CEM-LHP, 2024 WL 2815858, at *1 (M.D. Fla. June 3, 2024); see also Gardner v. Mutz, 488 F. Supp. 3d 1204, 1207 (M.D. Fla. 2020) (“[T]he Motion violates Local Rule 3.01(a) because it fails to include a memorandum of law. . . . The Motion is little more…1 / 2
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Jax Implants & Dentures, PLLC v. LooK Implant Supply LLC (M.D. Fla. 2025)…ewed motion must include a memorandum of law and should adequately address, with citations to authority, why service of process on Defendant (a prerequisite to a clerk's default) was proper. See Staley v. Health First, Inc., No. 6:24-cv-621-CEM-LHP, 2024 WL 2815858, at *1 (M.D. Fla. June 3, 2024). Thus, the Motion, Doc. 12, is denied without prejudice. 2 ---PAGE 2--- Case 3:24-cv-01086-HES-SJH Document 14 Filed 04/03/25 Page 3 of 3 PageID 139 DONE AND ORDERED in Jacksonville, Florida, on April 3, 2025. Sa…
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- Hearn v. Aaniiih Nakoda Fin., LLC (M.D. Fla. 2025)