ARCHER v. CITY OF WINTER HAVEN

Case No. 8:16-cv-3067-T-36AAS.

DARRELL ARCHER, Plaintiff, v. CITY OF WINTER HAVEN, et al., Defendants.

United States District Court, M.D. Florida, Tampa Division.

Editors Note
Applicable Law: 42 U.S.C. § 1983
Cause: 42 U.S.C. § 1983 Civil Rights Act
Nature of Suit: 440 Civil Rights: Other
Source: PACER


Attorney(s) appearing for the Case

Darrell Archer, Plaintiff, Pro Se.

City of Winter Haven, Defendant, represented by Jessica Christy Conner , Dean, Ringers, Morgan & Lawton, PA.

Winter Haven Police Dept., Defendant, represented by Jessica Christy Conner , Dean, Ringers, Morgan & Lawton, PA.

Walmart Inc., Defendant, represented by Albert Michael Rodriguez , Quintairos, Prieto, Wood & Boyer, PA.

Ken Nichols, Defendant, represented by Jessica Christy Conner , Dean, Ringers, Morgan & Lawton, PA.

Dan Gaskin, Defendant, represented by Jessica Christy Conner , Dean, Ringers, Morgan & Lawton, PA.

Kristine Wood, Defendant, represented by Albert Michael Rodriguez , Quintairos, Prieto, Wood & Boyer, PA.


ORDER

AMANDA ARNOLD SANSONE, Magistrate Judge.

Before the Court is Plaintiff's Requests for Entry of Default ("Motions for Clerk's Default") (Docs. 24, 25, 26). Specifically, Plaintiff seeks entry of a clerk's default against Ken Nichols, Winter Haven Police Department, and Dan Gaskin (collectively, "Defendants"). (Id.).

Federal Rule 55(a), which governs the entry of default, provides: "When a party against whom a judgment for affirmative relief is sought has failed to plead or otherwise defend, and that failure is shown by affidavit or otherwise, the clerk must enter the party's default." Fed. R. Civ. P. 55(a). However, "[d]efault is to be used sparingly," and cases should normally be adjudicated on their merits. Mitchell v. Brown & Williamson Tobacco Corp., 294 F.3d 1309, 1316 (11th Cir. 2002).

Here, attorney Jessica Christy Conner filed a Notice of Limited Appearance on behalf of Defendants on February 28, 2017, the day after Plaintiff filed his Motions for Clerk's Default. (Docs. 27, 28, 29). In addition, on March 8, 2017, Defendants filed their responses to Plaintiff's Motions for Clerk's Default. (Docs. 34, 35, 36). In said responses, Defendants point out that service was improper. (Id.). Notwithstanding the insufficient service, Defendants Ken Nichols, Winter Haven Police Department, and Dan Gaskin have agreed to waive service and respond to Plaintiff's Complaint within 30 days. (Docs. 34, 35, 36, Ex. A).

Accordingly, after due consideration, it is ORDERED:

Plaintiff's Motions for Clerk's Default (Docs. 24, 25, 26) are DENIED. Defendants Ken Nichols, Winter Haven Police Department, and Dan Gaskin shall file a response to Plaintiff's Complaint (Doc. 1) no later than April 7, 2017.

DONE AND ORDERED.


Comment

1000 Characters Remaining

Leagle.com reserves the right to edit or remove comments but is under no obligation to do so, or to explain individual moderation decisions.

User Comments

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases