Garcia v. Investaid Corporation
| Candace Garcia and Candance Wilburn |
| Investaid Corporation |
| 8:2024cv02370 |
| October 16, 2024 |
| US District Court for the Middle District of Florida |
| Mary S Scriven |
| Christopher P Tuite |
| Contract: Other |
| 28 U.S.C. ยง 1332 Diversity-Injunctive & Declaratory Relief |
| None |
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This docket was last retrieved on December 9, 2024. A more recent docket listing may be available from PACER.
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Filing 7
ENDORSED ORDER denying without prejudice Plaintiff's #6 Request for Clerk Entry of Default. The record reflects that Plaintiff attempted service by certified mail, which is not an authorized form of service unless Defendant agrees to waive personal service. Johnson v. Wellborn, 418 F. App'x 809, 815 (11th Cir. 2011) (per curiam) (explaining that sending copies of complaint and a waiver of service of process via e-mail and U.S. mail does not constitute proper service of process under either Florida or federal law); Stratton v. Napolitano, 2012 WL 12899117, at *1 (M.D. Fla. Aug. 28, 2012) ("Service by certified mail is not personal delivery, and, therefore, it is not sufficient under federal law. Moreover, service by certified mail, without an accompanying waiver, is not sufficient under Florida law." (citations omitted)). Accordingly, no later than January 6, 2025, Plaintiff shall file a legally sufficient proof of service. Signed by Magistrate Judge Christopher P. Tuite on 12/9/2024. (ACL)
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| Filing 6 MOTION for Clerk's Entry of Default against Investaid Corporation by Candace Garcia. (Attachments: #1 Exhibit, #2 Mailing Envelope)(LSS) Motions referred to Magistrate Judge Christopher P. Tuite. |
| Filing 5 RETURN of service executed on 11/6/24 by Candace Garcia as to Investaid Corporation. (Attachments: #1 Exhibit List, #2 Return Receipt, #3 Exhibit 1A, #4 Mailing Envelope) (JKB) |
| Filing 4 SUMMONS issued as to Investaid Corporation and CT Corporation. (LSS) |
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Filing 3
ENDORSED ORDER denying as moot Plaintiff's construed motion to proceed in forma pauperis (IFP Motion) #2. Plaintiff has since paid the filing fee and asserts in her IFP Motion that she can afford to serve Defendant. See id. Signed by Magistrate Judge Christopher P. Tuite on 10/23/2024. (ACL)
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| FEES Paid by Candace Garcia (Filing fee $405.00, Receipt Number TPA71218). (AA) |
| Filing 2 MOTION to Proceed In Forma Pauperis / Affidavit of Indigency by Candace Garcia. (LSS) Motions referred to Magistrate Judge Christopher P. Tuite. |
| Filing 1 COMPLAINT against Investaid Corporation filed by Candace Garcia. (Attachments: #1 Civil Cover Sheet, #2 Exhibit)(LSS) |
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