Brandi Major v. Xtreme Wings I, LLC

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA JACKSONVILLE DIVISION BRANDI MAJOR, Plaintiff, v. CASE NO. 3:25-cv-1465-MMH-SJH XTREME WINGS I, LLC, Defendant. ________________________________/ ORDER Plaintiff Major’s Motion for Entry of Clerk’s Default, Doc. 9, is denied for failure to comply with Local Rule 3.01(g) despite prior contact1 with Defendant. See United States v. Louisville, No. 8:20-cv-559-T-33CPT, 2020 WL 10180591, at *2 (M.D.

Fla. June 8, 2020) (“Given its prior communications with [a defendant], it was incumbent upon the [plaintiff] under Local Rule 3.01(g) to confer with him prior to filing its Application [for a clerk’s default].”); PNC Equip. Fin., LLC v. Taos Ventures, LLC, No. 5:13-cv-529-Oc-PRL, 2014 WL 12625121, at *1 (M.D. Fla. Mar. 21, 2014) (“Although there are limited exceptions to Local Rule 3.01(g), there is no exception regarding a motion for default.”).

1 And not just any contact—Plaintiff had apparently agreed to an extension of time to respond to the Complaint. See Doc. 11, Ex. A. To be sure, and as a reminder to all parties, Defendant should have promptly sought relief from the Court and not relied solely on an agreement between counsel. See, e.g., Fam. Med. Pharmacy LLC v. Impax Lab’ys, Inc., No. 17-cv-53-WS-MU, 2017 WL 8294282, at *1 n.1 (S.D. Ala. Mar. 10, 2017). But default is not a prize for an unsanctioned game of gotcha. E.g., Dimanche v. Jackson, No. 6:22-cv-2073-CEM-DCI, 2024 WL 579202, at *1–2 (M.D. Fla. Feb. 13, 2024); Nationstar Mortgage, LLC v. Jackson, No. 3:23-cv-1404-HES-MCR, 2024 WL 6870057, at *1 (M.D. Fla. Feb. 1, 2024). And compliance with Local Rule 3.01(g), beyond being required, could almost certainly have preserved much time and ink.

Defendant’s Unopposed Motion for Extension of Time to Respond to Complaint, Doc. 12, is granted. Defendant shall have up to and including February 25, 2026, to respond to the Complaint. Also by February 25, 2026, Defendant shall file a disclosure statement in accordance with Local Rule 3.03. Defendant shall ensure that future filings comply with the typography requirements of Local Rule 1.08.

DONE AND ORDERED 1n Jacksonville, Florida, on February 5, 2026.

(z J. Horovitz United States Magistrate Judge Copies to: Counsel of Record