Tompkins Jr v. Equifax Information Services, LLC

United States District Court for the Middle District of Florida

Tompkins Jr v. Equifax Information Services, LLC

Trial Court Opinion

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 and SCRATCH FINANCIAL, INC,

Defendants

ORDER This cause came on for consideration without oral argument on the following motion filed herein: MOTION: PLAINTIFF’S MOTION FOR ENTRY OF DEFAULT BY CLERK (Doc. No. 49) FILED: January 5, 2024

THEREON it is ORDERED that the motion is DENIED. Before the undersigned is Plaintiffs motion for Clerk’s Default. Doc. No. 49. Upon review, the motion is DENIED because Plaintiff's case was dismissed without prejudice and closed on October 23, 2023. Smith v. Burnside, No. 6:07-cv- 955-Orl-18KRS,

2008 WL 58954

, at *1 (M.D. Fla. Jan. 3, 2008) (“When a case has been closed, a party must first move . . . to reopen the case before any additional relief

can be sought.”). Even if the Court were to consider the motion — and Plaintiff has provided no legal authority authorizing the Court to consider motions in

a closed case — the motion fails to comply with the Local Rules, including Local Rules 1.08 and 3.01 (a). DONE and ORDERED in Orlando, Florida on January 5, 2024.

LESLIE 3 AN PRICE UNITED STATES MAGISTRATE JUDGE

Copies furnished to: Counsel of Record Unrepresented Parties

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