Hearn v. Aaniiih Nakoda Finance, LLC

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA JACKSONVILLE DIVISION ANGELA HEARN, etc., Plaintiff, v. CASE NO. 3:25-cv-525-MMH-SJH AANIIIH NAKODA FINANCE, LLC, et al., Defendants. ________________________________/ ORDER THIS CAUSE is before the Court on Plaintiff’s Motion for Clerk’s Entry of Default Against Defendant Total Management, Inc. (“Motion”). Doc. 33. The Motion is due to be denied without prejudice.

The Motion “fails to comply with Local Rule 3.01(a) by failing to include a memorandum of legal authority in support.” See Staley v. Health First, Inc., No. 6:24- cv-621-CEM-LHP, 2024 WL 2815858, at *1 (M.D. Fla. June 3, 2024); see also Gardner v. Mutz, 488 F. Supp. 3d 1204, 1207 (M.D. Fla. 2020) (“[T]he Motion violates Local Rule 3.01(a) because it fails to include a memorandum of law. . . . The Motion is little more than one page long in substance and merely mentions Federal Rule of Civil Procedure 15(a)(2) in one sentence, which falls far short of being a memorandum of law.”). Proper service is a prerequisite to a clerk’s default, but the Motion fails to adequately address, with citations to authority, that service of process on Total Management, Inc. was proper. See Staley, 2024 WL 2815858, at *1.

Accordingly, Plaintiff's Motion (Doc. 33) is denied without prejudice.

DONE AND ORDERED in Jacksonville, Florida, on August 26, 2025.

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