Solomon v. Westlake Financial Services, LLC, 2:16-cv-00243

Plaintiff Marjorie Solomon filed suit and moved for clerk’s entry of default against Westlake Services, LLC under Fed. R. Civ. P. 55(a).
Local Rule 1.07(b) and Rule 55(a) require entry of default only after proper service and failure to respond.
The Return of Service states a process server served Vivian Imperial on behalf of CT Corp (agent for service) with the summons and amended complaint.
Florida Division of Corporations records list C T Corporation System at a different address as Westlake’s registered agent; Vivian Imperial is not listed as an authorized agent.
The return did not show the address where service was attempted and the address on the return differed from the Sunbiz listing for Westlake and CT Corp.
Because the record did not establish service on the registered agent or otherwise show valid service, the Court could not direct the Clerk to enter default.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether service of process on Westlake was proper	Service was effected on CT Corp’s agent (Vivian Imperial) per the Return of Service	Service was not shown to be on the registered agent or an authorized person at the registered address	Default denied; service not proven sufficient
Whether Clerk must enter default under Rule 55(a)	Clerk should enter default because defendant failed to respond after service	Entry of default requires first a determination that service was proper	Clerk’s entry of default denied without prejudice pending proper service determination

Fitzpatrick v. Bank of New York Mellon, [citation="580 F. App'x 690"] (11th Cir. 2014) (LLCs may be served under Fed. R. Civ. P. 4(h) and Rule 4(e))