UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA JACKSONVILLE DIVISION

WILLIAM RYAN,

Plaintiff,

v. CASE NO. 3:24-cv-805-TJC-SJH

WELLS FARGO BANK, N.A.,

Defendant. ________________________________/

ORDER This cause is before the Court on Plaintiff’s Motion for Entry of Clerk’s Default (“Motion”). Doc. 12. The Motion is due to be denied without prejudice. Rule 5(a)(1)(D) of the Federal Rules of Civil Procedure (“Rule(s)”) “requires that written motions be served on every party and that a certificate of service be filed with motions. ‘Nothing in the text of Rule 55 excuses the service requirement for requests for entry of default (as distinguished from motions for default judgment), and Rule 5(a) on its face requires such service.’” PNC Equip. Fin., LLC,

, at *1 (quotation omitted); see also Ferrara Candy Co. v. Exhale Vapor LLC, No. 2:17-cv-512-FtM-38MRM,

, at *1 (M.D. Fla. Nov. 27, 2017). Here, Plaintiff’s Motion gives no indication it was ever served on Defendant. Though it includes a certificate of service, such states merely that the Motion was filed via CM/ECF not that Defendant (who has yet to appear to receive electronic service via CM/ECF) was served with the Motion. See Doc. 12 at 3. Thus, because it fails to comply with Rule 5, the Motion is due to be denied without prejudice. In addition, the Motion’s terse discussion makes no effort to articulate how service upon “Gina Cabrera, Branch Operations” was sufficient under applicable law. Proper service is a prerequisite to a clerk’s default, and any renewed motion should adequately address, with citations to authority, why service of process on Defendant was proper. See Staley v. Health First, Inc., No. 6:24-cv-621-CEM-LHP,

, at *1 (M.D. Fla. June 3, 2024). Accordingly, Plaintiffs Motion for Entry of Clerk’s Default (Doc. 12) is denied without prejudice. DONE AND ORDERED 1n Jacksonville, Florida, on September 20, 2024.

[Z J. Horovitz United States Magistrate Judge Copies to: Counsel of Record