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2p Commercial Agency S.R.O v. Srt Usa

December 28, 2011

2P COMMERCIAL AGENCY S.R.O. , PLAINTIFF,
v.
SRT USA, INC., LEN FAMILANT, DEFENDANTS.



ORDER

This matter comes before the Court on the Plaintiff, 2P Commercial Agency S.R.O.'s Motion for Entry of Clerk's Default by Defendant SRT USA Inc. (Doc. #13) filed on December 27, 2011. Under Fed. R. Civ. P. 55(a), default is justified "[w]hen a party against whom a judgment for affirmative relief is sought has failed to plead or otherwise appear by affidavit or otherwise, the clerk shall enter the party's default."

On December 5, 2011, the Defendant was served with a copy of the Complaint and Summons. (Doc. # 9). The Summons and Complaint was served on Sherman Tyson as the Registered Agent of the Defendant Corporation SRT USA Inc. According to the State of Florida, Sherman Tyson is the Registered Agent for the Defendant Corporation. last accessed (December 28, 2011). Based upon a review of the Return of Service, the Court finds that service was effective pursuant to the Federal Rules of Civil Procedure and the laws of the State of Florida. The Defendant had up to and including December 26, 2011, to file an answer, other responsive pleading, or 12(b)(6), motion, but failed to do so.*fn1 Thus, good cause exists to grant the Motion for Entry of a Clerk's Default.

Accordingly, it is now

ORDERED: The Plaintiff, 2P Commercial Agency S.R.O.'s Motion for Entry of Clerk's Default by Defendant SRT USA Inc. (Doc. #13) is GRANTED. The Clerk of the Court is hereby directed to enter a Clerk's Default against the Defendant SRT USA Inc.

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