In Re Benefits for Primerica Policy Numbers Ending in 2084 and 3112

Opinion

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA OCALA DIVISION IN RE BENEFITS FOR PRIMERICA POLICY NUMBERS ENDING IN 2084 AND 3112 Case No. 5:23-cv-518-JA-PRL RASHAWN THOMPSON, J .P., D.P., O.J., NEVILLE GRAHAM, RICHARD GRAHAM, and DONOVAN PASMORE, Claimants. OS CC‘C ORDER This case is before the Court on Cross-Claimant Donovan □□□□□□□□□ motion for default judgment. (Doc. 51). Mr. Pasmore filed a Crossclaim agains Cross-Defendants Rashawn Thompson; O.J., a minor; Neville Graham; anc Richard Graham on August 5, 2024. (Doc. 47). To date, none of the cross. defendants has filed a response and the time to do so has passed. Nevertheless, the motion for default judgment must be denied as premature because Mr. Pasmore has not obtained a Clerk’s Default against the Cross-Defendants under Federal Rule of Civil Procedure 55(a) and the Local Rules of this Court. Under Rule 55, there is “a two-step procedure for obtaining a default judgment.” Awgi, LLC v. Team Smart Move, LLC, 6:12-cv-948-Orl, 2012 WL 12904224, at *1 (M.D. Fla. Sept. 28, 2012), report and recommendation

adopted, 6:12-cv-948-Orl, 2012 WL 12904225 (M.D. Fla. Oct. 4, 2012) (quotin Deforest v. Johnny Chisholm Glob. Events, LLC, No. 3:08-cv-498, 2010 W 1792094, at *7 (N.D. Fla. May 4, 2010); Fed. R. Civ. P. 55(a), (b). First, the cler must enter a party’s default “[w]hen a party against whom a judgment fc affirmative relief is sought has failed to plead or otherwise defend, and tha failure is shown by affidavit or otherwise.” Fed. R. Civ. P. 55(a). Second, “afte a default is entered, the party must then apply to the court for a defaul judgment.” Awgi, LLC, 2012 WL 12904224, at *1 (quoting Frazier v. Absolut Collection Serv., Inc., 767 F. Supp. 2d 1354, 1360 (N.D. Ga. 2011)); Fed. R. Cin P. 55(b). As a result, “the clerk’s entry of default must precede an application for default judgment. Id. at *2 (quoting Deforest, 2010 WL 1792094 at *7); se also M.D. Fla. Local R. 1.10(b) (“Within twenty-eight days after a party’s failur to plead or otherwise defend, a party entitled to a default must apply for th default.”); id. R. 1.10(c) “Within thirty-five days after entry of a default, th party entitled to a default judgment must apply for the default judgment... .”) Indeed, “[t]he law is clear that these two separate steps cannot be combined inti one.” Bardfield v. Chisholm Props. Cir. Events, LIC, No. 3:09-cv-232, 2010 WI 2278461, at *6 (N.D. Fla. May 4, 2010). Litigants are not permitted tc circumvent this process by applying to the court for a default judgment before the clerk enters a party’s default.

Additionally, even if the motion were ripe for resolution, it fails to comp] with Local Rule 3.01(g). “Rule 3.01(g) does not exempt from its requirement motions for default judgment”. Esprit Stones Priv. Ltd. v. Rio Stone Grp. Inc 6:19-cv-637-Orl, 2020 WL 10318553, at *1 (M.D. Fla. June 15, 2020). Th guardian ad litem for cross-defendant O.J., Pamela Grace Martini, has made a appearance in this case. (Doc. 27). Nevertheless, Mr. Pasmore’s motion fails t certify compliance with Rule 3.01(g). Accordingly, any renewed motion mus contain a Rule 3.01(g) certificate stating that counsel for Mr. Pasmore ha conferred in good faith with O.J.’s guardian ad litem regarding the resolution c the motion, and “the renewed motion must state the outcome of such good fait: conference.” Esprit Stones Priv. Lid., 2020 WL 10318553. Accordingly, it is ORDERED and ADJUDGED that Cross-Claiman Donovan Pasmore’s motion for default judgment (Doc. 51) is DENIED withou prejudice to refiling, if appropriate, in compliance with the Local Rules ani the Federal Rules of Civil Procedure. DONE and ORDERED in Orlando, Florida, on October } 4, ee OHN ANTOON II United States District Judge Copies furnished to: Counsel of Record Unrepresented Parties