UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

Case No. 21-cv-23103-BLOOM/Otazo-Reyes

CASA EXPRESS CORP, as Trustee

of Casa Express Trust,

Judgement Creditor, 

v. 

BOLIVARIAN REPUBLIC OF VENEZUELA, 

 Judgment Debtor. 

________________________________________/ 

 

ORDER ON DEFAULT JUDGMENT PROCEDURE

THIS CAUSE is before the Court upon the Clerk’s Entry of Default as to Defendants

Bolivarian Republic of Venezuela and Alejandro Andrade Cedeno (“Defendants”), filed on

December 20, 2022. Upon review of the record, it appears that Defendants have indeed failed to 

respond to the Complaint or otherwise appear in this action. 

Accordingly, it is ORDERED AND ADJUDGED that the Plaintiff must file one of the 

following two responses by December 29, 2022: 

(1) Where there is only one Defendant, or where there are multiple Defendants,1 but no 

allegations of joint and several liability, and no possibility of inconsistent liability between 

Defendants, Plaintiff shall file a Motion for Default Final Judgment. 

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

Defendants, and any other supporting documentation necessary to determine Plaintiff’s measure 

1 If there are multiple Defendants, Plaintiff must state in the Motion for Default Final Judgment that there 

are no allegations of joint and several liability, and set forth the basis why there is no possibility of 

inconsistent liability.

Case 1:21-cv-23103-BB Document 115 Entered on FLSD Docket 12/27/2022 Page 1 of 3
Case No. 21-cv-23103-BLOOM/Otazo-Reyes

2 

of damages. The Motion shall also be accompanied by (1) the necessary affidavit under the 

Servicemembers Civil Relief Act, 50 U.S.C. app. § 521(b), if applicable; (2) a proposed order

which details both the factual and legal basis for default; and (3) a proposed final judgment.2

Pursuant to the CM/ECF Administrative Procedures, the proposed orders shall be submitted to 

the Court by e-mail in Word format at bloom@flsd.uscourts.gov. Plaintiff shall send a copy of 

the Motion to Defendants' counsel, or to Defendants if they do not have counsel. In the Certificate 

of Service, Plaintiff shall indicate that notice was sent and the address or addresses where notice 

was sent. Plaintiff shall not rely solely on the Court’s CM/ECF system to effect such service. 

If Defendants fail to move to set aside the Clerk’s Default, default final judgment may be 

entered, which, simply put, means that Plaintiff may be able to take Defendants' property or money, 

and/or obtain other relief against Defendants. 

(2) Alternatively, where there are multiple Defendants and allegations of joint and several 

liability, or the possibility of inconsistent liability between Defendants, Plaintiff 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 final judgment against Defendants, as described in (1) above, 

no later than 14 days thereafter. 

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

2 These last two are required by Local Rule 7.1(a)(2).

Case 1:21-cv-23103-BB Document 115 Entered on FLSD Docket 12/27/2022 Page 2 of 3
Case No. 21-cv-23103-BLOOM/Otazo-Reyes

3

within the specified time will result in sanctions, including but not limited to, dismissal without 

prejudice as to these Defendants.

DONE AND ORDERED in Chambers at Miami, Florida, on December 22, 2022.

_________________________________

BETH BLOOM

UNITED STATES DISTRICT JUDGE

Copies to:

Counsel of Record

Alejandro Andrade Cedeno

Federal Detention Center Miami

33 N.E. 4th St. 

Miami, Florida 33132

Bolivarian Republic of Venezuela

c/o Consulate of Venezuela 

7 East 51st Street 

New York, NY 10022

Case 1:21-cv-23103-BB Document 115 Entered on FLSD Docket 12/27/2022 Page 3 of 3