United States District Court, M.D. Florida, Orlando Division
BRIAN M. POWELL and TIFFANY POWELL, Plaintiffs,
MORGAN PROPERTY SOLUTIONS, INC., Defendant.
R. SPAULDING UNITED STATES MAGISTRATE JUDGE.
cause came on for consideration without oral argument on the
following motion filed herein:
MOTION: PLAINTIFF'S MOTION FOR ENTRY OF
DEFAULT AGAINST MORGAN PROPERTY SOLUTIONS INC. (Doc.
FILED:July 19, 2018
this motion, Plaintiffs ask that the Court enter a
Clerk's default against Defendant. Federal Rule of Civil
Procedure 55(a) provides, “When a party against whom a
judgment for affirmative relief is sought has failed to plead
or otherwise defend, and that failure is shown by affidavit
or otherwise, the clerk must enter the party's
default.” Before a Clerk's default can be entered
against a defendant, the Court must determine that the
defendant was properly served. See United States v.
Donald, No. 3:09-cv-147-J-32HTS, 2009 WL 1810357, at *1
(M.D. Fla. June 24, 2009) (citations omitted).
Defendant, Morgan Property Solutions, Inc., is a corporation.
Federal Rule of Civil Procedure 4(h) provides that a
corporation may be served in a judicial district of the
delivering a copy of the summons and complaint to “an
officer, a managing or general agent, or any other agent
authorized by appointment or by law to received service of
process and-if the agent is one authorized by statute and the
statute so requires-by also mailing a copy of each to the
defendant”; or (2) by following state law for making
service in the state where the district court is located or
where service is made. Fed.R.Civ.P. 4(h)(1)-(2)
(incorporating Fed.R.Civ.P. 4(e)(1)).
case, the summons was directed to an address in Florida, and
the United States Marshals Service's (“USMS”)
Process Receipt and Return form indicates that service was
made in Florida. Florida Statutes § 48.081 provides:
(1) Process against any private corporation, domestic or
foreign, may be served:
(a) On the president or vice president, or other head of the
(b) In the absence of any person described in paragraph (a),
on the cashier, treasurer, secretary, or general manager;
(c) In the absence of any person described in paragraph (a)
or paragraph (b), on any director; or
(d) In the absence of any person described in paragraph (a),
paragraph (b), or paragraph (c), on any officer or business