KACIAK
v.
TAB RESTAURANT GROUP, LLC
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The court denied the plaintiffs' motion for entry of default without prejudice.
Plaintiffs moved for a Clerk's default against the defendant, alleging the defendant was served and failed to appear or defend. The court reviewed the…
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This cause came on for consideration without oral argument on the following motion filed herein: MOTION: PLAINTIFFS’ MOTION FOR COURTS ENTRY OF DEFAULT AGAINST TAB RESTAURANT GROUP, LLC. (Doc. No. 13) FILED: August 8, 2023
THEREON it is ORDERED that the motion is DENIED without prejudice. Plaintiffs move for Clerk’s default against Defendant, stating that Defendant was served on July 11, 2023, and has failed to appear otherwise defend. Doc. No. 13. See also Doc. No. 10. Upon review, however, the motion will be denied without prejudice for failure to comply with Local Rule 3.01(a). Relatedly, the motion fails to adequately address, with citation to legal authority, that service of process on Defendant was proper under governing law. See generally United States v. Donald, No. 3:09-cv-147-J-32HTS, 2009 WL 1810357, at *1 (M.D. Fla. June 24, 2009) (before a Clerk’s default can be entered against a defendant, the Court must determine that the defendant was properly served). A renewed motion, which shall be filed on or before August 22, 2023, must include a memorandum of legal authority establishing that service of process was proper under applicable law. DONE and ORDERED in Orlando, Florida on August 8, 2023.
LESLIE NOFFMAN PRICE
UNITED STATES MAGISTRATE JUDGE
Copies furnished to: Counsel of Record Unrepresented Parties