TORRES
v.
ZINGALE

M.D. Fla. | 2023-04-24
No. 50
2018 WL 10517181 District Court, M.D. Florida (2023) Positive Treatment
Cited by 4 cases

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Holding

The court held that a motion for clerk's default is moot when an operative complaint has been dismissed and the plaintiff granted leave to amend.

Facts & Procedural History

Plaintiff filed a motion for entry of clerk's default. The plaintiff's operative complaint had previously been dismissed, and the plaintiff was grante…

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Topics
Amended Complaint Clerk'S Default Mootness

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Opinion of the Court

AND AFFIDAVITS (Doc. No. 50) FILED: February 16, 2023

THEREON it is ORDERED that the motion is DENIED as moot. Plaintiff's operative complaint has been dismissed and he has been permitted leave toamend. Doc. No. 54. Accordingly, the motion for Clerk’s default related

to the initial complaint is DENIED as moot. Cf. Phoenix Ent. Partners, LLC v. Jellyfish, LLC, No. 3:17cv929/MCR/GRJ, 2018 WL 10517181, at *1 (N.D. Fla. Apr. 12, 2018) (collecting cases for proposition that “federal district courts have consistently concluded that the filing of an amended complaint moots a previous entry of default and/or motion for default judgment”). The Court’s Order to Show Cause (Doc. No. 39) is otherwise DISCHARGED. Plaintiff may renew his request for Clerk’s default, as appropriate, in conjunction with the forthcoming amended complaint. DONE and ORDERED in Orlando, Florida on April 24, 2023.

LESLIE NOFFMAN PRICE

UNITED STATES MAGISTRATE JUDGE

Copies furnished to: Counsel of Record Unrepresented Parties

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Citator

Cited By

  • Torres v. Zingale, 2018 WL 10517181 (M.D. Fla. 2023)
    …been dismissed and he has been permitted leave toamend. Doc. No. 54. Accordingly, the motion for Clerk’s default related to the initial complaint is DENIED as moot. Cf. Phoenix Ent. Partners, LLC v. Jellyfish, LLC, No. 3:17cv929/MCR/GRJ, 2018 WL 10517181, at *1 (N.D. Fla. Apr. 12, 2018) (collecting cases for proposition that “federal district courts have consistently concluded that the filing of an amended complaint moots a previous entry of default and/or motion for default judgment”).…
  • Southern-Owners Ins. Co. v. Midnight Tires Inc. (M.D. Fla. 2023)
    …io, because a subsequent Clerk's default was not obtained after the filing of the amended complaint, it does not appear that default judgment against either party would be proper. See Phoenix Ent. Partners, LLC v. Jellyfish, LLC, No. 3:17-cv-929, 2018 WL 10517181, at *1 (N.D. Fla. Apr. 12, 2018) (collecting cases for proposition that “federal district courts have consistently concluded that the filing of an amended complaint moots a previous entry of default and/or motion for default judgment”); Prou v. Giar…
  • Trapenard v. Clester (M.D. Fla. 2023)
    …ading. See Doc. Nos. 24, 27. So, absent a Clerk’s default as it relates to the amended complaint, it does not appear that default judgment against Claudia Telles is proper. See Phoenix Ent. Partners, LLC v. Jellyfish, LLC, No. 3:17cv929/MCR/GRJ, 2018 WL 10517181, at *1 (N.D. Fla. Apr. 12, 2018) (collecting cases for proposition that “federal district courts have consistently concluded that the filing of an amended complaint moots a previous entry of default and/or motion for default judgment”); P…

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