Order — Gourmet Chefs LLC and 5 Star Restaurants LLC v. United States Small Business Administration (Dkt. 11, M.D. Fla.)

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An order in Gourmet Chefs LLC and 5 Star Restaurants LLC v. United States Small Business Administration and Isabella Casillas Guzman, Case No. 6:23-cv-70-RBD-LHP, in the U.S. District Court for the Middle District of Florida, entered February 21, 2023 as Document 11. It denies without prejudice the plaintiffs' Motion for Entry of Default (Doc. No. 10), filed February 17, 2023. The plaintiffs relied on affidavits stating that the defendants were served on January 24, 2023 by serving a paralegal. The order notes the rules for serving a United States agency and that such defendants have 60 days after service on the United States attorney to answer.

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Case 6:23-cv-00070-RBD-LHP Document 11 Filed 02/21/23 Page 1 of 2 PageID 39




                          UNITED STATES DISTRICT COURT
                            MIDDLE DISTRICT OF FLORIDA
                                    ORLANDO DIVISION


   GOURMET CHEFS LLC and 5 STAR
   RESTAURANTS LLC,

                      Plaintiffs,

   v.                                                  Case No: 6:23-cv-70-RBD-LHP

   UNITED STATES SMALL BUSINESS
   ADMINISTRATION and ISABELLA
   CASILLAS GUZMAN,

                      Defendants




                                          ORDER
         This cause came on for consideration without oral argument on the following

   motion filed herein:

         MOTION: MOTION FOR ENTRY OF DEFAULT (Doc. No. 10)

         FILED:       February 17, 2023



         THEREON it is ORDERED that the motion is DENIED without
         prejudice.

         Plaintiffs seek entry of Clerk’s default against Defendants United States Small

   Business Administration and Isabella Casillas Guzman, sued in her official capacity

   as Director of the Small Business Administration. Doc. No. 10. Plaintiffs include

Case 6:23-cv-00070-RBD-LHP Document 11 Filed 02/21/23 Page 2 of 2 PageID 40




   with the motion affidavits of service stating that Defendants were purportedly

   served on January 24, 2023, by serving a paralegal. Doc. Nos. 10-1, 10-2.

         Upon review, the Motion (Doc. No. 10) will be DENIED without prejudice

   for failure to comply with Local Rules 1.08 and 3.01(a). Relatedly, the Motion does

   not adequately address whether service of process was proper. See also Fed. R. Civ.

   P. 4(i). Moreover, the motion appears to be premature. See Fed. R. Civ. P. 12(a)(2)

   (“The United States, a United States agency, or a United States officer or employee

   sued only in an official capacity must serve an answer to a complaint, counterclaim,

   or crossclaim within 60 days after service on the United States attorney.”).

         DONE and ORDERED in Orlando, Florida on February 21, 2023.




   Copies furnished to:

   Counsel of Record
   Unrepresented Parties




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