UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA FORT MYERS DIVISION

ADVANCE MAGAZINE PUBLISHERS, INC. d/b/a Conde Nast,

Plaintiff,

v. Case No: 2:20-cv-193-FtM-38NPM

CHIC USA, INC.,

Defendant.

ORDER Before the Court is Plaintiff’s Motion for Entry of Clerk’s Default. (Doc. 7). Plaintiff requests the Court enter a default against Defendant Chic USA, Inc. for its failure to plead or otherwise defend. Defendant did not respond to the motion and the time to do so has lapsed. As set forth below, the Court grants the motion. “When a party against whom a judgment for affirmative relief is sought has failed to plead or otherwise defend and that failure is shown by affidavit or otherwise, the clerk must enter the party’s default.” Fed. R. Civ. P. 55(a). Before directing the clerk to enter a default, however, the Court must determine whether Plaintiff properly effected service of process, for which Plaintiff bears the burden of proof. Fed. R. Civ. P. 4(l); Chambers v. Halsted Fin. Servs., LLC, No. 2:13-CV-809-FTM-38,

, at *1 (M.D. Fla. July 28, 2014); Zamperla, Inc. v. S.B.F. S.R.L., No. 6:13-CV-1811-ORL-37,

, at *1 (M.D. Fla. Apr. 10, 2014). Pursuant to Rule 4(h)(1)(B), an entity defendant may be served by any manner authorized in the state or “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 ....” Chambers,

, at *1 (M.D. Fla. July 28, 2014). Likewise, under state law, a corporation may be served through its registered agent.

(3)(a). And § 48.081 (3)(a) also provides that a person attempting service may serve process on any employee of the registered agent on the first attempt at service. /d. Here, Plaintiff served Defendant by serving an employee of its Registered Agent Northrop Financial Group, LLC. Thus, the Court finds Plaintiff properly effected service of process. Defendant has failed to answer or otherwise defend this action, and the Court therefore finds a clerk’s default must be entered pursuant to Rule 55(a). Accordingly, it is hereby ORDERED: (1) Plaintiff's Motion for Entry of Clerk’s Default (Doc. 7) is GRANTED. (2) The Clerk of Court is directed to enter a default against Defendant Chic USA, Inc. DONE and ORDERED in Fort Myers, Florida on May 29, 2020.

Lida Ee La ell. NICHOLAS P. MIZEL UNITED STATES MAGISTRATE JUDGE

Copies furnished to: Counsel of Record Unrepresented Parties