PNC Bank, N.A. v. Global Directories, Inc., et al.

United States District Court for the Middle District of Florida

PNC Bank, N.A. v. Global Directories, Inc., et al.

Trial Court Opinion

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA JACKSONVILLE DIVISION

PNC BANK, N.A., etc.,

Plaintiff, v. CASE NO. 3:25-cv-905-JEP-SJH

GLOBAL DIRECTORIES, INC., et al.,

Defendants. ________________________________/

ORDER THIS CAUSE is before the Court on Plaintiff, PNC Bank, N.A.’s Motion for Entry of Default by Clerk Against Defendant Michael Smith (“Motion”). Doc. 13. Proper service is a prerequisite to entry of a clerk’s default. See Smith v. Dep’t of Revenue, No. 6:24-cv-2121-JSS-RMN,

2025 WL 2709829

, at *1 (M.D. Fla. May 12, 2025). The return of service on which the Motion relies, Doc. 12-1, does not comply with Fed. R. Civ. P. 4(l)(1) as it is not in the form of an affidavit (or declaration under penalty of perjury). See Smith,

2025 WL 2709829

, at *2; Ethos Grp., Inc. v. JAB Media LLC, No. 3:22-cv-485-TJC-LLL,

2023 WL 2328923

, at *2 (M.D. Fla. Jan. 6, 2023). Accordingly, the Motion (Doc. 13) is denied without prejudice. On or before January 16, 2026, Plaintiff shall file proper proof of service on Defendant Smith. DONE AND ORDERED 1n Jacksonville, Florida, on December 19, 2025.

[Z J. Horovitz United States Magistrate Judge

Copies to: Counsel of Record

Reference

Status
Unknown