209 West Olympia, LLC v. Westchester Surplus Lines Insurance Company

Opinion

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA FORT MYERS DIVISION

FLORIDA LIMITED LIABILITY

CO.;

Plaintiff, Case No. 2:24-CV-237-JLB-KCD v.

WESTCHESTER SURPLUS LINES INSURANCE COMPANY, A NEW YORK CORPORATION;

Defendant, /

ORDER Plaintiff 209 West Olympia, LLC moves for a clerk’s default under Fed. R. Civ. P. 55(a). (Doc. 48.) But a clerk’s default is not proper on these facts because Defendant has appeared and is defending against the claims by seeking to enforce an alleged settlement agreement. See, e.g., Montecalvo v. Brandon Auto Clinic, Inc., No. 8:07-CV-851-T-30MSS, 2007 WL 2155581, at *1 (M.D. Fla. July 26, 2007) (“The Rule does not contemplate the entry of default only upon a defendant’s failure to answer, but rather upon a defendant’s failure to respond or defend against the allegations in a complaint.”). Because “defaults are seen with disfavor [given] the strong policy of determining cases on their merits,” Fla. Physician’s Ins. Co., Inc. v. Ehlers, 8 F.3d 780, 783 (11th Cir. 1993), Plaintiff’s motion (Doc. 48) is DENIED. The Court will set a deadline for a responsive pleading after the pending Report & Recommendation is addressed. ORDERED in Fort Myers, Florida on February 8, 2025.

per —_—

* Keéle C. Dudek United States Magistrate Judge