UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA ORLANDO DIVISION

VANESSA VAZQUEZ,

Plaintiff,

v. Case No: 6:23-cv-855-AGM-LHP

JEWELRY ARTISANS OF ORLANDO, INC. and ALBERTO LOPEZ,

Defendants

ORDER Before the Court is Plaintiff’s Motion for Final Default Judgment. Doc. No. 72. On review, the motion (Doc. No. 72) will be DENIED without prejudice. By the motion, Plaintiff seeks default judgment against both Defendants Jewelry Artisans of Orlando, Inc. and Alberto Lopez. Doc. No. 72. Although both Defendants are subject to Clerk’s default, Doc. Nos. 53, 67, after entry of same, Plaintiff notified the Court by Suggestion of Death that Alberto Lopez passed away. See Doc. No. 68. But the present motion does not address the Suggestion of Death, nor does it provide any legal authority demonstrating that Plaintiff may pursue default judgment against a deceased party. See Doc. No. 72. Moreover, assuming default judgment cannot be entered against Alberto Lopez prior to substitution of an estate as Plaintiff suggests in other filings, see Doc. No. 74, it is unclear whether the Court would properly entertain a motion for default judgment against Jewelry

Artisans of Orlando, Inc., given the risk of inconsistent judgments. See generally Nationwide Mut. Fire Ins. Co. v. Creation’s Own Corp., No. 6:11-cv-1054-Orl-28DAB,

, at *5 (M.D. Fla. Nov. 16, 2011) (“[I]n cases involving more than

one defendant, a judgment . . . should not be entered against a defaulting party alleged to be jointly liable, until the matter has been adjudicated with regard to all defendants.” (citing Frow v. De La Vega,

(1872)). Accordingly, the Court will require Plaintiff to address these issues by a

renewed motion. It is ORDERED that Plaintiff’s Motion for Final Default Judgment (Doc. No. 72) is DENIED without prejudice. Within thirty (30) days of the date of this Order, Plaintiff shall file a renewed motion for default judgment,

which must address the issues outlined in this Order and establish, by citation to evidence and legal authority, that default judgment against both Defendants is proper at this time. Alternatively, Plaintiff may, by the same deadline, move for

any alternative relief she deems proper given the procedural posture of this case. This Order does not speak to the Order to Show Cause issued by the presiding District Judge. See Doc. No. 69.1

1 The Order to Show Cause was issued by then-presiding District Judge Wendy W. Berger, although the case has now been reassigned to presiding District Judge Anne-Leigh Gaylord Moe. Doc. No. 70. DONE and ORDERED in Orlando, Florida on November 5, 2025.

Oy □□□□ LESLIE AN PRICE UNITED STATES MAGISTRATE JUDGE Copies furnished to: Counsel of Record Unrepresented Parties

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