SCP Distributors LLC v. USA Wildcat Investment Group, LLC

• Court: District Court, M.D. Florida
• Decided: May 6, 2024
• Docket: 6:24-cv-00257
• Status: Unknown

Opinion

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA ORLANDO DIVISION

SCP DISTRIBUTORS LLC,

Plaintiff,

v. Case No: 6:24-cv-257-ACC-LHP

USA WILDCAT INVESTMENT GROUP, LLC and RANDALL JOHNSON,

Defendants

ORDER This cause came on for consideration without oral argument on the following motion filed herein: MOTION: SCP DISTRIBUTORS LLC’S RENEWED MOTION FOR ENTRY OF CLERK’S DEFAULT AGAINST USA WILDCAT INVESTMENT GROUP, LLC, AND MEMORANDUM OF LAW (Doc. No. 15) FILED: May 1, 2024

THEREON it is ORDERED that the motion is GRANTED. Plaintiff has filed an Amended Return of Service stating that Defendant USA Wildcat Investment Group, LLC was served with a copy of the summons and complaint by serving Suzanne Johnson, as wife of the registered agent, Defendant Randall Johnson, at a residential address. Doc. No. 8. Defendant USA Wildcat Investment Group, LLC has not appeared in this matter, or otherwise timely responded to the complaint. See Fed. R. Civ. P. 12(a)(1)(A)(i). Accordingly, upon consideration that the address provided for the registered agent was a residential address, see Doc. No. 15-1, Plaintiff's Renewed Motion for Entry of Clerk’s Default Against USA Wildcat Investment Group, LLC (Doc. No. 15) is GRANTED. See Fed. R. Civ. P. 4(e)(1); Fla. Stat. §§ 48.062(5)(a), 48.031(1)(a); Adan v. Bermudez, No. 1:19-CV-20825-KMM, 2019 WL 13237715, at *2 (S.D. Fla. May 22, 2019); see also generally Estes Express Lines v. Coverlex, Inc., No. 8:19-cv-467-CEH- AEP, 2021 WL 3712965, at *4 (M.D. Fla. Aug. 3, 2021), report and recommendation adopted, 2021 WL 3709639 (M.D. Fla. Aug. 20, 2021) (“[A] signed return of service provides prima facie evidence of proper service.” (citations omitted)). The Clerk of Court is DIRECTED to enter default against Defendant USA Wildcat Investment Group, LLC.

DONE and ORDERED in Orlando, Florida on May 6, 2024.

LESLIE NOFFMAN PRICE UNITED STATES MAGISTRATE JUDGE

Copies furnished to: -2-

Counsel of Record Unrepresented Parties