United States District Court

for the

Southern District of Florida

Lezer Corp., Plaintiff,

v.

Noble Partners LLC, dba Noble 

Medical Supply, and Sean Grady, 

Defendants.

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Civil Action No. 20-23235-Civ-Scola

Order On Default Judgment Procedure

On October 15, 2020, the Clerk of the Court entered a Default against 

Defendants Noble Partners LLC, doing business as Noble Medical Supply, and 

Sean Grady. In order to resolve this case justly and efficiently, the Court orders 

the Plaintiff to file one of the following two responses by November 6, 2020.

1. Where there are multiple Defendants, but no possibility of inconsistent 

liability between Defendants (which, for example, could arise from allegations of 

joint and several liability where fewer than all of the defendants are in default), 

Plaintiff shall file a Motion for Default Judgment, consistent with Federal Rule of 

Civil Procedure 55(b). The Plaintiff must state in the Motion for Default Judgment 

that there are no allegations of joint and several liability, and set forth the basis 

why there is no possibility of inconsistent liability.

The Motion for Default Judgment must include affidavits of any sum certain 

due from the Defendants, and any other supporting documentation necessary to 

determine Plaintiff’s measure of damages. The Motion must also be accompanied 

by (1) the necessary affidavit under the Servicemembers Civil Relief Act, 50 

U.S.C. app. § 521(b), if applicable; and (2) a proposed order granting the Motion 

for Default Judgment; and entering final judgment. Pursuant to the CM/ECF 

Administrative Procedures, the proposed orders shall be submitted to the Court 

by e-mail in Word (.doc) format at scola@flsd.uscourts.gov. Plaintiff must send a 

copy of the Motion to Defendants’ counsel or to the Defendants directly if they do 

not have counsel. In the certificate of service, Plaintiff shall indicate that notice 

was sent and the addresses where the notice was sent.

If the Defendants fail to move to set aside the Clerk’s Default, or fail to 

otherwise respond to this lawsuit, on or before November 2, 2020, Default Final 

Judgment may be entered. This means that the Plaintiff may be able to take the 

property or money of the Defendants, and/or obtain other relief against the 

Defendants.

2. Where there are multiple Defendants and allegations of joint and several 

liability, and a possibility of inconsistent liability between Defendants, Plaintiff 

Case 1:20-cv-23235-RNS Document 20 Entered on FLSD Docket 10/23/2020 Page 1 of 2
shall file a Notice of Joint Liability. See Frow v. De La Vega, 82 U.S. 552, 554 

(1872); 10A Charles Alan Wright and Arthur R. Miller, Federal Practice and 

Procedure § 2690 (3d ed. 1998) (citing Frow, 82 U.S. at 554); see also Gulf Coast 

Fans, Inc. v. Midwest Elecs. Imp., Inc., 740 F.2d 1499, 1512 (11th Cir. 1984).

The Notice of Joint Liability must briefly describe the allegations and advise 

the Court of the status of the other Defendants’ liability. Once liability is resolved 

as to all Defendants, Plaintiff may move for the entry of default judgment against 

the defaulting Defendants, as described in paragraph one, above, no later than 

fourteen days after the resolution of liability as to the non-defaulting 

Defendants.

Plaintiff’s failure to file for a Motion for Default Judgment or Notice of Joint 

Liability within the specified time will result in a dismissal without prejudice as 

to these Defendants.

The Court directs the Clerk to mail copies of this order to any Defendant 

who has not appeared at the addresses listed below.

Done and ordered in Miami, Florida, October 23, 2020.

________________________________

Robert N. Scola, Jr.

United States District Judge

Copies to:

Noble Partners LLC, doing business as Noble Medical Supply

Attn: Sean Grady, President 

12 Wellstone Drive 

Portland, ME 04013

Sean Grady

12 Wellstone Drive 

Portland, ME 04013

Case 1:20-cv-23235-RNS Document 20 Entered on FLSD Docket 10/23/2020 Page 2 of 2