Landstar Ranger, Inc. v. Chizhik, LLC

Opinion

United States District Court Middle District of Florida Jacksonville Division

LANDSTAR RANGER, INC.,

Plaintiff,

v. NO. 3:25-cv-1284-TJC-PDB

CHIZHIK, LLC,

Defendant.

Order The court denies Landstar Ranger’s motion for default judgment, Doc. 26, and supplemented motion for default judgment, Doc. 28, without prejudice. By August 14, 2026, Landstar must take one of the following four actions or risk dismissal for failure to prosecute diligently. (1) Landstar may move to amend the complaint, Doc. 1, based on the new contract that Landstar attaches to the supplemented motion and serve Chizhik, LLC, with a summons and the amended complaint. Compare Docs. 1- 1, 26-1, with Doc. 28-1; see Campbell v. Bennett, 47 F.4th 1362, 1366 (11th Cir. 2022) (“[S]ervice of an amended complaint on a defaulted party is required if [the amended complaint] contains a new claim for relief of which the defendant would not be on notice of via the allegations in the original complaint or the statutes charged therein.”); Nishimatsu Constr. Co., Ltd. v. Hous. Nat’l Bank, 515 F.2d 1200, 1206 (5th Cir. 1975) (“The defendant, by his default, admits the plaintiff’s well- pleaded allegations of fact” and “[t]here must be a sufficient basis in the pleadings for the judgment entered.”). (2) Landstar may move for default judgment, but must include a legal memorandum explaining how a default judgment based on a contract, Doc. 28-1, different from the one described in the complaint, Doc. 1-1, is permissible. See Nishimatsu, 515 F.2d at 1206. (3) Landstar may dismiss the breach-of-contract claim and move for default judgment solely on the Carmack Amendment claim, but must include a_ legal memorandum explaining whether, to obtain relief under the Carmack Amendment, a party must prove the existence of a contract. See A.L.G. Uru. Compania de Seguros, S.A. v. AAA Cooper Transp., 334 F.3d 997, 1008 (11th Cir. 2008) (discussing the elements of a prima facie case under the Carmack Amendment). (4) Landstar may take any other appropriate action. Ordered in Jacksonville, Florida, on July 17, 2026.

SY Patricia D. Barksdale United States Magistrate Judge