209 West Olympia, LLC v. Westchester Surplus Lines Insurance Co., Case No. 2:24-CV-237-JLB-KCD(Middle District Court of Florida, Feb 3, 2025 – Judge Kyle C. Dudek)

(The court has denied plaintiff’s motion for a clerk’s default under Fed. R. Civ. P. 55(a) when defendant has appeared in court to defend by enforcing alleged settlement agreement, finding that such a default is viewed unfavorably by the courts; that is, “the rule does not contemplate the entry of default only upon a defendant’s failure to answer but rather upon a defendant’s failure to respond or defend against the allegations in complaint.”)

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