UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

WEST PALM BEACH DIVISION

CASE NO. 22-81961-CIV-CANNON

JONATHAN LEE REIGROD,

 

Plaintiff, 

v. 

GARBER DELRAY INC., 

d/b/a as DELRAY BUICK GMC

Defendant.

_______________________________/ 

ORDER ON DEFAULT FINAL JUDGMENT PROCEDURE

THIS CAUSE comes before the Court upon the Clerk’s Entry of Default as to Defendant

Garber Delray Inc. [ECF No. 6], entered on January 18, 2023. Defendant has indeed failed to 

respond to the Complaint within the time required by law [see ECF Nos. 1, 4]. 

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

following two responses on or before February 9, 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 

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 

Defendant, and any other supporting documentation necessary to determine Plaintiff’ measure of 

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

Servicemembers Civil Relief Act, 50 U.S.C. section 3931(b), if applicable; (2) a proposed order; 

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.

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and (3) a proposed final judgment. (These last two are required by Local Rule 7.1(a)(2)). Pursuant 

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

by e-mail in Word format to cannon@flsd.uscourts.gov. Plaintiff shall send a copy of the motion 

to Defendant’s counsel or to Defendant if it does not have counsel. In the certificate of service, 

Plaintiff shall indicate that notice was sent and the addresses where notice was sent. 

If Defendant fails to move to set aside the Clerk’s Default or 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 Plaintiff may be able to take Defendant’s property or 

money, and/or obtain other relief against Defendant. 

(2) 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, ET AL., 

FEDERAL PRACTICE AND PROCEDURE § 2690 (4th ed. 2017) (citing Frow, 82 U.S. at 554); see also

Gulf Coast Fans, Inc. v. Midwest Elecs. Imps., 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 Defendant, as described in (1) above, no 

later than 14 days thereafter. 

* * * 

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

within the specified time will result in dismissal without prejudice as to the subject Defendant.

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DONE AND ORDERED in Chambers at Fort Pierce, Florida this 19th day of January 

2023.

 _________________________________

 AILEEN M. CANNON

 UNITED STATES DISTRICT JUDGE

cc: counsel of record

Garber Delray, Inc.

c/o Corporation Service Company

1201 Hays Street

Tallahassee, FL 32301-2525

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