Case Information
*1 Case 6:06-cv-00336-JA-KRS Document 15 Filed 11/27/06 Page 1 of 2 PageID 46 U NITED S TATES D ISTRICT C OURT M IDDLE D ISTRICT OF F LORIDA O RLANDO D IVISION
RAQUEL VERDUGO,
Plaintiff, -vs- Case No. 6:06-cv-336-Orl-28KRS TOTAL FACILITY SERVICES, LLC,
Defendant.
______________________________________
R EPORT A ND R ECOMMENDATION
TO THE UNITED STATES DISTRICT COURT
This cause came on for consideration without oral argument on the following motion filed herein:
MOTION: PLAINTIFF’S MOTION FOR ENTRY OF FINAL DEFAULT JUDGMENT (Doc. No. 11)
FILED: August 22, 2006
_____________________________________________________________ THEREON it is RECOMMENDED that the motion be DENIED without prejudice.
As set forth in my Amended Order to Show Cause, doc. no. 14, it does not appear that Plaintiff Raquel Verdugo has effectively served process on Defendant Total Facility Services, LLC. Verdugo did not respond to the Amended Order to Show Cause, and the time for doing so has passed.
Accordingly, I recommend that the Court vacate the default entered by the Clerk of Court, doc. no. 10, and deny the motion for entry of final default judgment. I further recommend that the Court *2 Case 6:06-cv-00336-JA-KRS Document 15 Filed 11/27/06 Page 2 of 2 PageID 47 give Verdugo thirty days from the date of the order on this Report and Recommendation to file proof of proper service of process on Total Facility Services, LLC.
Failure to file written objections to the proposed findings and recommendations contained in this report within ten (10) days from the date of its filing shall bar an aggrieved party from attacking the factual findings on appeal.
Recommended in Orlando, Florida on November 27, 2006.
Karla R. Spaulding KARLA R. SPAULDING UNITED STATES MAGISTRATE JUDGE Copies furnished to:
Presiding District Judge
Counsel of Record
Unrepresented Party
Courtroom Deputy
-2-