John Doe v. Application Processing Service, Inc.

Summary

The United States District Court for the Middle District of Florida grants Plaintiff John Doe’s motion for entry of clerk’s default against Application Processing Service, Inc. The court finds that service was properly effected under Federal Rule of Civil Procedure 4 and Florida law, and that Defendant failed to respond by the court-extended deadline.

Holdings

1. Service on Defendant was valid because the process server attempted service on the corporation's registered agent at the registered office during the statutorily required hours, found the registered agent absent, and served an employee of the registered agent as authorized by Florida Statutes section 48.091(4)(b).
2. Plaintiff was entitled to entry of the Clerk's default because Defendant was properly served and failed to plead or otherwise defend by the court-extended deadline.

Questions Presented

1. Whether Defendant was properly served under Federal Rule of Civil Procedure 4(h) and applicable Florida law.
2. Whether Plaintiff was entitled to entry of the Clerk's default under Federal Rule of Civil Procedure 55(a) after Defendant failed to respond by the extended deadline.

Disposition

other