Matero v. Digital Ink Americas LLC

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA ORLANDO DIVISION

MICHAEL MATERO, Plaintiff, v. Case No: 6:22-cv-1606-CEM-LHP DIGITAL INK AMERICAS LLC, Defendant

ORDER This cause came on for consideration without oral argument on the following motion filed herein: MOTION: PLAINTIFF’S MOTION FOR CLERK’S DEFAULT AGAINST DEFENDANT, DIGITAL INK AMERICAS, LLC (Doc. No. 14) FILED: March 8, 2023 THEREON it is ORDERED that the motion is DENIED without prejudice.

Plaintiff moves for Clerk’s default against Defendant, contending that Defendant was served with the summons and complaint on February 9, 2023, and has failed to appear in this matter or otherwise defend. Doc. No. 14. Upon review, however, the motion fails to include a memorandum of legal authority as required by Local Rule 3.01(a). Id. Relatedly, the motion fails to establish with citation to legal authority that service of process on Defendant was proper. 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).

Accordingly, Plaintiff's Motion (Doc. No. 14) is DENIED without prejudice.

A renewed motion, which shall be filed on or before March 23, 2023, must include a memorandum of legal authority and establish that service of process was proper under applicable law.

DONE and ORDERED in Orlando, Florida on March 9, 2023.

LESLIE NOFFMAN PRICE UNITED STATES MAGISTRATE JUDGE Copies furnished to: Counsel of Record Unrepresented Parties -2-