ADVANCED MEDICAL GROUP OF CENTRAL FLORIDA LLC AND VINAY KATUKURI, MD
v.
BTL INDUSTRIES, INC., MMP CAPITAL, INC., AMUR EQUIPMENT FINANCE, INC., BANLEACO, INC., LEAF CAPITAL FUNDING, LLC AND NORTH MILL CREDIT TRUST
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The court denied the motion for default judgment because the plaintiffs failed to demonstrate proper service of process on the defendant.
[1] A motion for default judgment must include a memorandum of law with legal citations demonstrating that service on the defendant was proper under applicable state and fede…
[2] When service is allegedly made on a registered agent, the plaintiff must verify the correct registered agent through official state records and explain any discrepancy be…
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Join FLexlaw to unlock all legal intelligence“before a Clerk's default can be entered against a defendant, the Court must determine that the defendant was properly served”
Court's statement of legal requirement for default judgments
Plaintiffs moved for a default judgment against Leaf Capital Funding, LLC. The return of service indicated service was made on John West at Registered…
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Before the Court is Plaintiffs' Motion for Default Against Defendant Leaf Capital Funding, LLC (“Leaf Capital"). Doc. No. 95. Upon review, the motion fails to include a memorandum of law as required by Local Rule 3.01(b), and as such, the motion does not demonstrate, by citation to legal authority or otherwise, that service upon Defendant Leaf Capital was proper. See generally United States v. Donald, No. 3:09-cv-147-J-32HTS, 2009 WL 1810357, at *1 (M.D. Fla. June 24, 2009)
(before a Clerk's default can be entered against a defendant, the Court must determine that the defendant was properly served).
Specifically, the return of service states that the summons was served upon Defendant Leaf Capital's registered agent, by serving “John West, Corporate Specialist authorized to accept" at "Registered Agent Solutions, Inc., 838 Walker Road, Suite 21-2, Dover, Delaware" on July 15, 2025. Doc. No. 73; Doc. No. 95-2. However, according to the records of the Florida Department of State and the Delaware Department of State, [fn 1] the registered agent for Defendant Leaf Capital is Corporation Service Company, not Registered Agent Solutions, Inc. Plaintiffs' motion does not explain this discrepancy, nor explain how service on “John West, Corporate Specialist" would be valid under either Delaware, Florida, or federal law.
Accordingly, it is ORDERED that Plaintiffs' motion (Doc. No. 95) is DENIED without prejudice. Within fourteen (14) days of the date of this Order, Plaintiffs shall file a renewed motion, fully supported by legal authority and any relevant
evidence, and in full compliance with all applicable Local Rules, which addresses the issues identified herein.
DONE and ORDERED in Orlando, Florida on December 5, 2025.
Uslistan Price
LESLIE HOFFMAN PRICE
UNITED STATES MAGISTRATE JUDGE
Copies furnished to: Counsel of Record
[fn 1]: Records maintained by the Florida Department of State, Division of Corporations, are available at: http://search.sunbiz.org/Inquiry/CorporationSearch/ByName/. The records for Defendant Leaf Capital are accessible by entering “Leaf Capital Funding, LLC" into the “Entity Name" field. Records maintained by the Delaware Department of State, Division of Corporations, are available at: https://icis.corp.delaware.gov/Ecorp/EntitySearch/NameSearch.aspx. The records for Defendant Leaf Capital are accessible by entering “Leaf Capital Funding, LLC” into the "Entity Name" field.