Case 0:19-cv-60490-RKA Document 9 Entered on FLSD Docket 06/03/2019 Page 1 of 3

IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF FLORIDA

Civil Action No.: 0:19-cv-60490-RKA

BESWEET CREATIONS, LLC, )

a Florida limited liability company, )
)
Plaintiff, )
)
v. )
)
TRUREFLECTIONS, INC., )
a Texas corporation, )
)
Defendant. )
)

PLAINTIFF’S MOTION FOR ENTRY OF CLERK’S DEFAULT

Plaintiff, BeSweet Creations, LLC, (“Plaintiff”), hereby moves for entry of a Clerk’s

default against Defendant Trureflections Inc., (hereinafter “Defendant”), and as grounds

therefore, states the following:

1. On February 25, 2019, Plaintiff filed its Complaint against Defendant for

trademark for trademark infringement and trademark counterfeiting under the Federal

Trademark Act of 1946, 15 U.S.C. § 1051, et seq. (“Lanham Act”) [D.E. 1].

2. On May 1, 2019, Plaintiff served the summons and Complaint upon Defendant

pursuant to Fla. Stat. § 48.021(6)(a). See Return of Service [D. E. 8].

3. Fla. Stat. § 48.021(6)(a) states as follows,

“If the only address for a person to be served which is discoverable

through public records is a private mailbox, a virtual office, or an
executive office or mini suite, substitute service may be made by leaving a
copy of the process with the person in charge of the private mailbox,
virtual office, or executive office or mini suite, but only if the process
server determines that the person to be served maintains a mailbox, a
virtual office, or an executive office or mini suite at that location.”

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4. Fed. R. Civ. P. 4(e)(1), permits a Plaintiff to serve an individual within the United

States by following state law for serving a summons in the state where the district court is

located or where service is made.

5. To date, the Defendant has failed to answer or otherwise respond to the

Complaint.

6. “When a party against whom a judgment for affirmative relief is sought has

failed to plead or otherwise defend, and that failure is shown by affidavit or otherwise, the

clerk must enter the party’s default.” Fed. R. Civ. P. 55(a) (emphasis added).

7. Because Defendant has failed to answer or otherwise responds to Plaintiff’s

Complaint within the time granted by the Court, the Clerk should enter a default against

Defendant.

WHEREFORE, Plaintiff, BeSweet Creations, LLC, respectfully requests that the Clerk

enter a default against Defendant, Trureflections Inc., for failure to plead or otherwise defend

this action.

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CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing has been served via

transmission of Notices of Electronic Filing generated by CM/ECF or in some other authorized

manner for those counsel or parties who are not authorized to receive electronically Notices of

Electronic Filing on this 3rd day of June 2019.

KOPELOWITZ OSTROW THE KEYS LAW FIRM, PLLC

FERGUSON WEISELBERG GILBERT Co-Counsel for the Plaintiff
Attorney for the Plaintiff 3550 SW 148th Ave, Suite 110
One West Las Olas Blvd., Suite 500 Miramar, Florida 33027
Fort Lauderdale, Florida 33301 954-519-2041(Office)
Telephone: (954) 525-4100 954-519-2042(Fax)
Facsimile: (954) 525-4300 954-519-2091(Direct)

By: /s/ David L. Ferguson_____ By: /s/_James Keys, III________

DAVID L. FERGUSON James G. Keys, III
Florida Bar No. 981737 Florida Bar No. 63943
ASHLEY N. ROSENBAUM Jkeys@keyslawfirm.com
Florida Bar No. 1002820
Ferguson@kolawyers.com
Rosenbaum@kolawyers.com

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