SCP DISTRIBUTORS LLC
v.
USA WILDCAT INVESTMENT GROUP, LLC

M.D. Fla. | 2024-05-06
No. 15
2019 WL 13237715 2024 FFL 10918 District Court, M.D. Florida (2024) Positive Treatment
Also reported at: 2021 WL 3709639
Cited by 6 cases

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Synopsis

In this commercial dispute, the court granted plaintiff SCP Distributors LLC's renewed motion for entry of clerk's default against defendant USA Wildcat Investment Group, LLC based on the defendant's failure to timely respond to the complaint despite proper service.

Holding

The court granted plaintiff's renewed motion for entry of clerk's default against USA Wildcat Investment Group, LLC. The Clerk of Court was directed to enter default against the defendant based on proper service and the defendant's failure to appear or timely respond to the complaint.

Headnotes

[1] Before entry of default against a defendant, a court must determine that the defendant was properly served, and the moving party bears the burden of establishing proper s…

[2] Service of process upon the spouse of a registered agent at a residential address may constitute valid service under federal and state rules.

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Key Quotes

“Defendant USA Wildcat Investment Group, LLC has not appeared in this matter, or otherwise timely responded to the complaint.”

Establishes the factual basis for entry of default—the defendant's failure to appear or respond within the required time period.

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Facts & Procedural History

SCP Distributors LLC filed a complaint against USA Wildcat Investment Group, LLC and Randall Johnson. Plaintiff properly served the summons and compla…

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Opinion of the Court

Randall Johnson, at a residential address. Doc. No. 8. Defendant USA Wildcat Investment Group, LLC has not appeared in this matter, or otherwise timely responded to the complaint. See Fed. R. Civ. P. 12(a)(1)(A)(i).

Accordingly, upon consideration that the address provided for the registered agent was a residential address, see Doc. No. 15-1, Plaintiff's Renewed Motion for Entry of Clerk's Default Against USA Wildcat Investment Group, LLC (Doc. No. 15) is GRANTED. See Fed. R. Civ. P. 4(e)(1); Fla. Stat. §§ 48.062(5)(a), 48.031(1)(a); Adan v. Bermudez, No. 1:19-CV-20825-KMM, 2019 WL 13237715, at *2 (S.D. Fla. May 22, 2019); see also generally Estes Express Lines v. Coverlex, Inc., No. 8:19-cv-467-СЕН- AEP, 2021 WL 3712965, at *4 (M.D. Fla. Aug. 3, 2021), report and recommendation adopted, 2021 WL 3709639 (M.D. Fla. Aug. 20, 2021) (“[A] signed return of service provides prima facie evidence of proper service." (citations omitted)). The Clerk of Court is DIRECTED to enter default against Defendant USA Wildcat Investment Group, LLC.

DONE and ORDERED in Orlando, Florida on May 6, 2024.

Leslie Hoffman Price LESLIE HOFFMAN PRICE UNITED STATES MAGISTRATE JUDGE

Copies furnished to:

Counsel of Record Unrepresented Parties

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Citator

Cited By

  • SCP Distribs. LLC v. USA Wildcat Inv. Grp., LLC, 2019 WL 13237715 (M.D. Fla. 2024)
    …oc. No. 15-1, Plaintiff's Renewed Motion for Entry of Clerk’s Default Against USA Wildcat Investment Group, LLC (Doc. No. 15) is GRANTED. See Fed. R. Civ. P. 4(e)(1); Fla. Stat. §§ 48.062(5)(a), 48.031(1)(a); Adan v. Bermudez, No. 1:19-CV-20825-KMM, 2019 WL 13237715, at *2 (S.D. Fla. May 22, 2019); see also generally Estes Express Lines v. Coverlex, Inc., No. 8:19-cv-467-CEH- AEP, 2021 WL 3712965, at *4 (M.D. Fla. Aug. 3, 2021), report and recommendation adopted, 2021 WL 3709639 (M.D. Fla. Aug. 20, 2021…
    1 / 2
  • Falls Lake Nat'l Ins. Co. v. Indicar of Daytona Inc. (M.D. Fla. 2024)
    …Clerk of Court is directed to enter default against Indicom, Inc. See Fed. R. Civ. P. 4(h)(1)(B); Estes Express Lines v. Coverlex, Inc., No. 8:19-cv-467- CEH-AEP, 2021 WL 3712965, at *4-5 (M.D. Fla. Aug. 3, 2021), report and recommendation adopted, 2021 WL 3709639 (M.D. Fla. Aug. 20, 2021); Cole v. Halsted Fin. Servs., LLC, No. 2:16-cv-754-FtM-99MRM, 2017 WL 1365463, at *2 (M.D. Fla. Apr. 14, 2017). As to the remaining Defendants, the Court also finds that service was proper. Specifically, service on Defenda…
  • Sherrod v. Briar Bay Ass'n (S.D. Fla. 2025)
    …“When a defendant challenges the validity of service of process courts effectively apply a burden-shifting framework." Estes Express Lines v. Coverlex, Inc., No. 8:19-CV-467-CEH-AEP, 2021 WL 3712965, at *4 (M.D. Fla. Aug. 3, 2021), R. & R. adopted, 2021 WL 3709639 (M.D. Fla. Aug. 20, 2021). "First, when a defendant challenges the validity of service, he must describe with specificity how the service of process failed to meet the procedural requirements of [Fed. R. Civ. P. 4].” Id. (cleaned up). “If the defen…

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