Case No. 2:10-cv-309-FtM-36SPC.
September 21, 2010
This matter comes before the Court on the Plaintiff's Motion for Entry of Clerk's Default Against Defendant Robert Vanico (Doc. #35) filed on September 14, 2010. Pursuant to Fed.R.Civ.P. 55(a), the Plaintiff moves the Court for the entry of default against the Defendant, Robert Vanico.
The entry of a default is appropriate "[w]hen a party against whom a judgment for affirmative relief is sought has failed to plead or otherwise defend as provided by these rules and that fact is made to appear by affidavit or otherwise." Fed.R.Civ.P. 55(a). On August 2, 2010, substitute service was effectuated upon the Defendant's spouse. Substitute service of process may be served on the spouse of the person to be served, residing in the same dwelling. F.L.A. § 48.031. Pursuant to Fed.R.Civ.P. 12(a)(1)(A), a responsive pleading was due on or about August 23, 2010. To date, there has been no responsive pleading with respect to the Complaint from Defendant, Robert Vanico. Therefore, the entry of default is appropriate at this time.
Pursuant to the Return of Service, substitute service was made upon Karen Vanico, Defendant's spouse, at 728 Woodland Ave., Kenilworth, NJ 07033.
Accordingly, it is now
The Plaintiff's Motion for Entry of Clerk's Default Against Defendant Robert Vanico (Doc. #35) is GRANTED. The Clerk is directed to enter clerk's default against the Defendant, Robert Vanico.
DONE AND ORDERED at Fort Myers, Florida, this 20th day of September, 2010.