UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

CASE NO. 22-cv-23174-ALTMAN/Reid

COMMODITY FUTURES

TRADING COMMISSION, 

Plaintiff, 

v.

ADAM TODD, et al.,

Defendants. 

 /

ORDER ON DEFAULT FINAL JUDGMENT PROCEDURE

The Plaintiff filed a Motion for Clerk’s Entry of Default as to the Defendants [ECF No. 28]. 

On May 23, 2023, the Clerk entered default against the Defendants. See Clerk’s Entry of Default [ECF 

No. 29]. And, on our review of the record, it appears that the Defendants have indeed failed to respond 

to the Complaint or otherwise appear in this action. Therefore, the Court hereby ORDERS AND 

ADJUDGES that the Plaintiff must file one of the following two responses by June 14, 2023: 

(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 the 

Defendants, the Plaintiff shall file a motion for default final judgment. 

 The motion for default final judgment must include affidavits that delineate any sums certain due 

by the Defendants and any other supporting documentation which might be necessary to determine 

the Plaintiff’s measure of damages. The motion shall also be accompanied by: (1) the affidavit required 

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

1

 If there are multiple defendants, the Plaintiff must note in the motion for default final judgment that there 

are no allegations of joint and several liability and explain why there is no possibility of inconsistent 

liability.

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and (3) a proposed final judgment.2 In accordance with the CM/ECF Administrative Procedures, the 

proposed orders shall be submitted to the Court by e-mail in Word format at 

altman@flsd.uscourts.gov. The Plaintiff shall send a copy of the motion to the Defendants’ counsel or 

to the Defendants if the Defendants do not have counsel. In the certificate of service, the Plaintiff 

shall note that notice was sent and identify the addresses to which that notice was sent. 

If the Defendants fail to move to set aside the Clerk’s Default or to respond to the motion for 

default final judgment within the time permitted by the Rules, default final judgment may be entered, 

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

and/or obtain other relief against the Defendants. 

(2) Where there are multiple Defendants and allegations of joint and several liability, or the 

possibility of inconsistent liability between the Defendants, the 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 of the Defendants, the Plaintiff 

may move for the entry of default final judgment against the Defendants, as described in (1) above, 

no later than 14 days after liability is resolved against all Defendants. 

***

2 These last two are required by Local Rule 7.1(a)(2). The proposed order shall set out—in detail—the 

reasons why the Plaintiff is entitled to relief. Cf. Out-Grow, LLC v. Miami Mushroom, 2021 WL 2823266, 

at *3 (S.D. Fla. July 7, 2021) (Altman, J.) (“Conceptually, then, a motion for default judgment is like a 

reverse motion to dismiss for failure to state a claim.” (quoting Surtain v. Hamlin Terrace Found., 789 

F.3d 1239, 1245 (11th Cir. 2015))). 

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The Plaintiff’s failure to file for a motion for default final judgment or notice of joint liability within the 

specified time will result in a dismissal without prejudice of the Plaintiff’s claims against the 

Defendants.

In the meantime, the Clerk shall administratively CLOSE this case without prejudice to the 

parties. If the Defendants move to set aside the Clerk’s default, any party may ask to reopen the case. 

All pending deadlines are TERMINATED, and any pending motions are DENIED AS MOOT.

DONE AND ORDERED in the Southern District of Florida on May 24, 2023.

 _________________________________

 ROY K. ALTMAN

 UNITED STATES DISTRICT JUDGE

cc: counsel of record

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