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UNITED STATES DISTRICT COURT FOR THE 

SOUTHERN DISTRICT OF FLORIDA 

MIAMI DIVISION 

CASE NO. 22-cv-24022-BB 

DONGGUAN TESMAI ELECTRONIC 

TECHNOLOGY CO., LTD, 

Plaintiff, 

v. 

THE INDIVIDUALS, PARTNERSHIPS AND 

UNINCORPORATED ASSOCIATIONS IDENTIFIED 

ON SCHEDULE “A”, 

Defendants. 

_________________________________________________/ 

 MOTION FOR CLERK’S ENTRY OF DEFAULT 

Plaintiff, DONGGUAN TESMAI ELECTRONIC TECHNOLOGY CO, LTD (hereinafter 

referred to as “Plaintiff”), by and through its undersigned counsel, hereby requests that the Clerk 

enter default in this matter against Defendants, the Individuals, Partnerships and Unincorporated 

Associations as identified on Schedule “A” enclosed herewith (collectively “Defendants1”) on the 

ground that Defendants have failed to appear or otherwise respond to the Complaint within the 

time prescribed by the Federal Rules of Civil Procedure. See Declaration of Humberto Rubio in 

Support of Plaintiff’s Motion for Clerk’s Entry of Default (“Rubio Decl.”) at ¶ 7, enclosed 

herewith.

On January 19, 2023, Defendants were served with their respective Summons and 

copies of the Complaint via website posting pursuant to the Court’s Order authorizing alternate 

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 At this time Plaintiff is not seeking entry of a default against the Defendants who have 

been dismissed or who have been granted an extension of time by Plaintiff or by this Court. 

Therefore, Schedule A enclosed herewith, excludes these Defendants against which a default is 

not being sought at this time. 

Case 1:22-cv-24022-BB Document 55 Entered on FLSD Docket 02/27/2023 Page 1 of 3
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service of process. (Rubio Decl. at ¶ 4; see also ECF No. 30 and 52, Proof of Service on file 

with the Court reflecting that Defendants were served). On January 19, 2023, Defendants were 

also served via electronic mail (“e-mail”). Neither Plaintiff nor the Court has granted the 

Defendants an extension of time to respond to the Complaint. (Id. at ¶ 6.) Defendants have failed 

to answer or otherwise respond to the Complaint, or serve a copy of any Answer or other 

response upon Plaintiff’s attorneys of record. (Id. at ¶ 7.) Plaintiff is informed and believes that 

none of the Defendants could be considered infants or incompetent persons. (Id. at ¶ 8.) Plaintiff 

is informed and believes that the Servicemembers Civil Relief Act does not apply. (Id.) As 

required by Court order dated February 13, 2022 (ECF No. 38)(“Court Order ECF. No. 38”), 

the Plaintiff served Court Order ECF No. 38 upon Defendants. (Id. at ¶ 9.) 

WHEREFORE, Plaintiff, DONGGUAN TESMAI ELECTRONIC TECHNOLOGY CO, 

LTD, hereby requests that default be entered against Defendants, the Individuals, Partnerships and 

Unincorporated Associations as identified on Schedule “A” hereto. 

Respectfully submitted on this 27th day of February, 2023. 

LAW FIRM OF RUBIO & ASSOCIATES, P.A. 

Attorneys for Plaintiff 

8950 SW 74 Ct., Suite 1804 

Miami, Fl 33156 

Telephone: (786) 220-2061 

Facsimile: (786) 220-2062 

Email: hrubio@rubiolegal.com 

Email: frubio@rubiolegal.com 

Email: info@rubiolegal.com 

 

By:/s/ Humberto Rubio 

Humberto Rubio, Jr., Esq. 

Florida Bar No. 36433 

Felipe Rubio, Esq. 

Florida Bar No. 123059 

Case 1:22-cv-24022-BB Document 55 Entered on FLSD Docket 02/27/2023 Page 2 of 3
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CERTIFICATE OF SERVICE 

I HEREBY CERTIFY that on this 27th day of February, 2023 I caused to be served a 

true and correct copy of the foregoing Plaintiffs’ Motion for Entry of Clerk’s Default 

electronically using CM/ECF, which served a true and correct copy to all counsel or parties of 

record as well as the parties identified on Schedule ‘A’, including the addresses identified 

therein. I hereby also certify, that ECF No. 38 was served on all Defendants on those same 

addresses. 

Law Firm of Rubio & Associates, PA 

 By: /s/ Humberto Rubio 

Humberto Rubio, Jr. 

Case 1:22-cv-24022-BB Document 55 Entered on FLSD Docket 02/27/2023 Page 3 of 3