COHAN
v.
CAPITAL ONE FLORIDA HOTEL GROUP, LLC
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The court held that a motion for clerk's default must be denied without prejudice when service of process on the defendant is unclear.
Plaintiff sought a clerk's default against the defendant for failing to respond to the complaint. Plaintiff attempted service on the defendant's Assis…
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For corporate defendants, the Federal Rules of Civil Procedure provide that service can be made by: delivering a copy of the summons and of the complaint to an officer, a managing or general agent, or any other agent authorized by appointment or by law to receive service of process and—if the agent is one authorized by statute and the statute so requires—by also mailing a copy of each to the defendant[.] Fed. R. Civ. P. 4(h)(1)(B). A corporate defendant may also be served by “following state law for serving a summons in an action brought in courts of general jurisdiction in the state where the district court is located or where service is made[.]” Fed. R. Civ. P. 4(e)(1); see also Fed. R. Civ. P. 4(h)(1)(A).
Thus, Florida’s procedures on service of process will apply here. The Florida Statutes permit process to be served on a limited liability company by serving either the registered agent or the registered agent’s employee. See Fla. Stat. § 48.062(1).
On January 12, 2023, Plaintiff served Kamal Rahim, the Assistant General Manager for Capital One Florida Hotel Group, LLC, at 321 S Lake Cortez Drive, Apopka, Florida 32703. (Doc. 7.) According to Florida’s Division of Corporation,
“FAWAZ, WAEL G” is Defendant’s registered agent, with an address located at 321 S Lake Cortez Drive, Apopka, Florida 32703.1 It is unclear from the information
Thus, the Court will deny the motion for entry of default against Defendant without prejudice, and Plaintiff may renew its motion against Defendant with supporting documentation to establish that service was effected upon the registered agent or the registered agent’s employee.
Accordingly, Plaintiff's Motion for Entry of Clerk’s Default (Doc. 14) is DENIED without prejudice. Plaintiff may file a renewed motion in accordance with this order, or, alternatively, may re-serve Defendant. DONE and ORDERED in Orlando, Florida on March 8, 2023.
J. KIDD
UNITED STATES MAGISTRATE JUDGE
https://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquiryty pe=EntityName&directionType=Initial&searchNameOrder=CAPITALONEFLORI DAHOTELGROUP%20L170000817880&aggregateId=flal-l1 7000081788-01ec55d3- fc27-4ccd-89a5- Ice8adce52b6&searchTerm=CAPITAL%20ONE%20FLORIDA%20HOTEL%20G ROUP%2C%20LLC&listNameOrder=CAPITALONEFLORIDAHOTELGROUP %20L 170000817880 (last visited March 3, 2023).