Shadek v. Kidd

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA ORLANDO DIVISION JAMES M. SHADEK, Plaintiff, v. Case No: 6:24-cv-950-RBD-EJK TAMARA S. KIDD, Defendant. ORDER This cause comes before the Court on Plaintiff’s Motion for Entry of Clerk’s Default against Defendant Tamara S. Kidd (the “Motion”) (Doc. 14), filed July 22, 2024. For the reasons set forth below, the Motion is due to be granted. I. BACKGROUND On May 23, 2024, Plaintiff filed a Complaint against Defendant for elderly abuse, fraudulent misrepresentation, fraudulent inducement, civil theft, and promissory estoppel. (Doc. 1 ¶ 1.) The Proof of Service affidavit reflects that Defendant was personally served on June 7, 2024. (Doc. 13.) Plaintiff now seeks entry of a clerk’s default against Defendant for her failure to appear in this case. (Doc. 14.) II. LEGAL STANDARD “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.” Fed. R. Civ. P. 55(a). Before the clerk may enter default, he or she must determine that effective service has been made on the defaulting defendant because, without effective service, there 1s no jurisdiction and no obligation to answer or “otherwise defend.” See Kelly v. Florida, 233 F. App’x 883, 885 (11th Cir. 2007) (unpublished). Il, DISCUSSION Federal Rule of Civil Procedure 4(e) provides that service on an individual may be perfected by “delivering a copy of the summons and of the complaint to the individual personally.” Fed. R. Civ. P. 4(e)(2)(A). The Proof of Service indicates that Defendant was personally served. (Doc. 13.) As a result, the Court finds that Plaintiff perfected service of process on Defendant pursuant to Federal Rule of Civil Procedure 4(e). As Defendant was served on June 7, 2024, and more than 21 days have passed with no responsive pleading filed, default is appropriate. Fed. R. Civ. P. 12(a)(1)(A)Q). IV. CONCLUSION Accordingly, it is hereby ORDERED as follows: 1. The Motion (Doc. 14) is GRANTED. 2. The Clerk is DIRECTED to enter default against Defendant Tamara S. Kidd. DONE and ORDERED in Orlando, Florida on August 27, 2024. J. KIDD UNITED STATES MAGISTRATE JUDGE