TOMPKINS JR
v.
EQUIFAX INFORMATION SERVICES, LLC
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The court denied the plaintiff's motion for entry of default by the clerk.
The plaintiff filed a motion for entry of default after the case had already been dismissed without prejudice and closed. The plaintiff provided no le…
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This cause came on for consideration without oral argument on the following motion filed herein:
MOTION: PLAINTIFF'S MOTION FOR ENTRY OF DEFAULT BY CLERK (Doc. No. 49)
FILED: January 5, 2024
THEREON it is ORDERED that the motion is DENIED.
Before the undersigned is Plaintiff's motion for Clerk's Default. Doc. No. 49. Upon review, the motion is DENIED because Plaintiff's case was dismissed without prejudice and closed on October 23, 2023. Smith v. Burnside, No. 6:07-cv- 955-Orl-18KRS, 2008 WL 58954, at *1 (M.D. Fla. Jan. 3, 2008) (“When a case has been closed, a party must first move . . . to reopen the case before any additional relief can be sought."). Even if the Court were to consider the motion and Plaintiff has provided no legal authority authorizing the Court to consider motions in a closed case the motion fails to comply with the Local Rules, including Local Rules 1.08 and 3.01(a).
DONE and ORDERED in Orlando, Florida on January 5, 2024.
LESLIE HOFFMAN PRICE UNITED STATES MAGISTRATE JUDGE
Copies furnished to: Counsel of Record Unrepresented Parties
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Tompkins Jr v. Equifax Info. Servs., LLC, 2008 WL 58954 (M.D. Fla. 2024)…the undersigned is Plaintiffs motion for Clerk’s Default. Doc. No. 49. Upon review, the motion is DENIED because Plaintiff's case was dismissed without prejudice and closed on October 23, 2023. Smith v. Burnside, No. 6:07-cv- 955-Orl-18KRS, 2008 WL 58954, at *1 (M.D. Fla. Jan. 3, 2008) (“When a case has been closed, a party must first move . . . to reopen the case before any additional relief can be sought.”). Even if the Court were to consider the motion — and Plaintiff has provided no legal…
Authorities Cited
- Tompkins Jr v. Equifax Info. Servs., LLC, 2008 WL 58954 (M.D. Fla. 2024)