Johnson v. Apex Hospitality, LLLP
2:15-cv-00555
M.D. Fla.Mar 23, 2016Background
- Plaintiff Alexander Johnson filed a complaint against Apex Hospitality, LLLP d/b/a Best Western Fort Myers Inn and Suites.
- Plaintiff attempted service of process on October 7, 2015; the process server served Kan Patel, identified as Manager, at the hotel address.
- The Return of Service was filed (Doc. 8); plaintiff noted he had intended to serve the registered agent Sanmukh Swami.
- Defendant failed to file any responsive pleading or otherwise appear within the 21-day period required by Rule 12.
- Plaintiff moved for entry of Clerk’s Default under Fed. R. Civ. P. 55(a) and M.D. Fla. Local Rule 1.07(b).
- The Court examined whether service was proper under Fed. R. Civ. P. 4 and Fla. Stat. § 48.081 and concluded service on the general manager was effective.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether service of process was properly effected on the corporate defendant | Service on Kan Patel as Manager satisfied Florida and Federal service rules | (No argument presented; defendant did not respond) | Service was proper under Fed. R. Civ. P. 4(h)(1)(A) and Fla. Stat. § 48.081(1)(b) |
| Whether Clerk’s default should be entered for failure to respond | Default appropriate because no answer was filed within 21 days after service | (No argument presented; defendant did not respond) | Clerk’s Default ordered under Fed. R. Civ. P. 55(a) and M.D. Fla. Local Rule 1.07(b) |
Key Cases Cited
- Udoinyion v. The Guardian Sec., [citation="440 F. App'x 731"] (11th Cir. 2011) (process-server affidavits establish a prima facie showing of service)