United States District Court, S.D. Florida
BLOOM UNITED STATES DISTRICT JUDGE
CAUSE is before the Court upon Plaintiff
PuroSystems, LLC's (“Plaintiff”) Motion for
Default Final Judgment, ECF No.  (“Motion”),
filed on October 24, 2019. The Court has carefully reviewed
the Motion, the record in this case, and the applicable law,
and is otherwise fully advised. For the reasons that follow,
Plaintiff's Motion is granted.
March 27, 2019, Plaintiff served a copy of the summons and
Complaint, ECF No.  (“Complaint”), on
Defendant Everette Wroten (“Defendant”), ECF No.
. The Complaint alleged that Defendant failed to make
principal and interest payments due under a negotiated
settlement agreement. On April 30, 2019, Defendant filed an
Answer, Affirmative Defenses, and Counterclaim. ECF No. .
On September 11, 2019, the Court issued an Order Scheduling
Mediation for October 2, 2019, requiring a Mediation Report
be filed by October 7, 2019. ECF No. . The Mediation
Report was timely filed but it indicated that Defendant
failed to appear at Mediation. ECF No. . On October 4,
2019, this Court issued an Order to Show Cause why Defendant
failed to appear at Mediation and why default should not be
entered against him by October 8, 2019. ECF No. .
Defendant failed to timely respond, the Court issued an Order
on Default Procedure, requiring Plaintiff to submit a Motion
for Entry of Clerk's Default. ECF No. . Plaintiff
served Defendant's counsel with a copy of the Court's
Order on Default Procedure on October 9, 2019. ECF No. .
Based on Defendant's failure to comply with Court orders,
the Court struck Defendant's Answer and dismissed
Defendant's Counterclaim without prejudice, effective on
October 9, 2019. ECF No. . On October 11, 2019, Plaintiff
filed a Motion for Clerk's Entry of Default, ECF No.
, which the Clerk of Court entered on the same day, ECF
No. . On October 15, 2019, the Court entered an Order on
Default Judgment Procedure, indicating that Default Final
Judgment would be entered against Defendant if Defendant
failed to move to set aside the Clerk's Default. ECF No.
. To date, Defendant has not moved to set aside the
Clerk's Default or filed any other paper in response to
this Court's orders. Plaintiff filed the instant Motion
on October 24, 2019. ECF No. .
defendant fails to plead or otherwise defend a complaint
filed against it, the Clerk of Court may enter a default
against that party. See Fed. R. Civ. P. 55(a). Once
a default is entered, a plaintiff may seek entry of a default
judgment against the defaulting defendant. See Fed.
R. Civ. P. 55(b). By defaulting, a defendant is taken to
admit the well-pleaded allegations of fact in a
plaintiff's complaint. Eagle Hosp. Physicians, LLC v.
SRG Consulting, Inc., 561 F.3d 1298, 1307 (11th Cir.
2009) (quoting Nishimatsu Const. Co., Ltd. v. Houston
Nat'l Bank, 515 F.2d 1200, 1206 (5th Cir. 1975)).
Although facts are admitted as true, conclusions of law are
not; a sufficient basis to state a claim must still exist in
the pleadings before a court may enter a default judgment.
Nishimatsu Const. Co., Ltd., 515 F.2d at 1206.
virtue of the Clerk's default and failure to respond to
the Court's orders, Defendant is deemed to have admitted
the allegations in Plaintiff's Complaint. Plaintiff has
established liability against Defendant in the following
amounts based on Defendant's failure to make principal
and interest payments when due under the parties'
settlement agreement, as described in the Complaint.
Court Costs and Fees:
it is ORDERED AND ADJUDGED as follows:
1. The Motion, ECF No. , is
2. Pursuant to Fed.R.Civ.P. 58, the Court will separately
enter Default Final Judgment.