UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA ORLANDO DIVISION

MASSIMILIANO TORTORA and CRISTINA BRAIATO,

Plaintiffs,

v. Case No: 6:25-cv-877-JSS-LHP

MANNYS CUCINA NAPOLETANA LLC, EMANUELE FERRAIUOLO and TINAMARIE LORI,

Defendants

ORDER Before the Court is Plaintiff’s Motion for Default Against Defendants. Doc. No. 12. Upon consideration, the motion will be DENIED without prejudice. First, the motion is patently untimely, with no explanation. See Local Rule 1.10(b), (d). Second, the motion fails to include a memorandum of legal authority as required by Local Rule 3.01(b)—a lone citation to Rule 55(a) does not suffice. Third, and relatedly, the motion fails to demonstrate, by citation to legal authority or otherwise, that each Defendant was properly served. See generally United States v. Donald, No. 3:09-cv-147-J-32HTS,

, 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).! Accordingly, it is ORDERED that Plaintiff's motion (Doc. No. 12) is DENIED without prejudice. Within fourteen (14) days of the date of this Order, Plaintiff shall SHOW CAUSE in writing why this matter should not be dismissed without prejudice for failure to timely seek default. See Local Rule 1.10(b), (d). DONE and ORDERED in Orlando, Florida on December 1, 2025.

LESLIE NOFFMAN PRICE UNITED STATES MAGISTRATE JUDGE

Copies furnished to: Counsel of Record Unrepresented Parties

1 Notably, the returns of service provide differing and inconsistent statements as to how service was effected on each Defendant. As it relates to Mannys Cucina Napoletana LLC, the return first states that service was effected on “John Doe,” with Plaintiff failing to address how service on said Jonn Doe would suffice. Doc. Then, however, the return states that documents were left with “the son of one of the defendants” at a residence.

Emanuele Ferraiuolo, the return first states that the documents were left with a roommate, then the return states that they were left with “the son of one of the defendants.” Doc. No. 9; see also Doc. No. 10.

fy