Tompkins Jr v. Equifax Information Services, LLC

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA ORLANDO DIVISION

ARTHUR J. TOMPKINS, JR., Plaintiff, v. Case No: 6:23-cv-1432-PGB-LHP EQUIFAX INFORMATION SERVICES, LLC, EXPERIAN INFORMATION SOLUTIONS, INC, TRANSUNION, LLC, SYNCHRONY BANK and SCRATCH FINANCIAL, INC, Defendants

ORDER This cause came on for consideration without oral argument on the following motion filed herein: MOTION: MOTION FOR CLERK’S DEFAULT AGAINST DEFENDANT EXPERIAN INFORMATION SOLUTIONS, INC. (Doc. No. 27) FILED: August 31, 2023 THEREON it is ORDERED that the motion is DENIED without prejudice.

Plaintiff moves for Clerk’s default against Defendant Experian Information Solutions, Inc. (Experian). Doc. No. 27. On 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 Experian was proper under governing law. See generally United States v. Donald, No. 3:09-cv-147-]-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 September 15, 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 September 1, 2023.

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