PANAMERICA TRADE, INC.
v.
BOYS
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Panamerica Trade, Inc.'s motion for entry of clerk's default against defendant Baliwag LLC was denied without prejudice for failing to comply with local procedural rules requiring a memorandum of legal authority and failing to adequately establish proper service of process.
The motion was denied without prejudice because it failed to comply with Local Rule 3.01(a) by omitting a memorandum of legal authority and failed to adequately address, with citations to authority, whether service of process on Baliwag LLC was proper.
“The Motion "fails to comply with Local Rule 3.01(a) by failing to include a memorandum of legal authority in support."”
Establishes the primary procedural defect in the motion—failure to include required legal memorandum
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Join FLexlaw to unlock all legal intelligencePanamerica Trade, Inc. filed a motion seeking a clerk's default judgment against Baliwag LLC. The motion was submitted without sufficient legal suppor…
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THIS CAUSE is before the Court on Plaintiff's Motion for Entry of Clerk's Default Against Baliwag LLC (“Motion”). Doc. 49. The Motion is due to be denied without prejudice.
The Motion "fails to comply with Local Rule 3.01(a) by failing to include a memorandum of legal authority in support.” See Staley v. Health First, Inc., No. 6:24cv-621-CEM-LHP, 2024 WL 2815858, at *1 (M.D. Fla. June 3, 2024); see also Gardner v. Mutz, 488 F. Supp. 3d 1204, 1207 (M.D. Fla. 2020) (“[T]he Motion violates Local Rule 3.01(a) because it fails to include a memorandum of law. . . . The Motion is little more than one page long in substance and merely mentions Federal Rule of Civil Procedure 15(a)(2) in one sentence, which falls far short of being a memorandum of law."). Proper service is a prerequisite to a clerk's default, but the
Motion fails to adequately address, with citations to authority, that service of process on Baliwag LLC was proper. See Staley, 2024 WL 2815858, at *1.
Accordingly, Plaintiff's Motion (Doc. 49) is denied without prejudice.
DONE AND ORDERED in Jacksonville, Florida, on August 22, 2025.
Samuel J. Horovitz United States Magistrate Judge
Copies to: Counsel of Record