Betancourt v. Buggy Technologies Inc ( 2024 )

United States District Court for the Southern District of Florida David Betancourt, Plaintiff, ) ) Civil Action No. 23-21184-Civ-Scola Buggy Technologies Inc and Isabel } Berney, Defendants. ) Order Reopening Case Previously, the Court referred Plaintiff David Betancourt’s motion for default judgment (Pl.’s Mot., ECF No. 15) to United States Magistrate Judge Jonathan Goodman for a report and recommendations. (Court’s Ref., ECF No. 16.) Thereafter, Judge Goodman issued a report, recommending that the Court deny the motion without prejudice. (Rep. & Rec., ECF No. 18.) The Court adopted the report, thus denying Betancourt’s motion, without prejudice, and dismissing his complaint, also without prejudice. (ECF No. 19.) Betancourt timely filed an amended complaint (ECF No. 21) as directed to by the Court and has also filed a memorandum explaining why the amended complaint need not be served on Defendants Buggy Technologies Inc and Isabel Berney (ECF No. 25). Because the Court agrees with Betancourt, the Clerk is directed to reopen this case. Federal Rule of Civil Procedure 5(a)(2) provides an exception to the general rule that an amended pleading must served on defendants. That is, where the defendants are in default for failing to appear and there are no new claims for relief, service is not required. Fed. R. Civ. P. 5(a)(2). Because the Defendants here are in default for failing to previously appear and because the complaint does not include any new claims for relief against the Defendants (merely clarifying the allegations set forth initially), service is not required. Accordingly, the Court directs the Clerk to reopen this case and place it on the Court’s active calendar. Done and ordered in Miami, Florida, on March 5, 2024. Robert N. Scola, Jr. United States District Judge Copies via U.S. mail to: Buggy Technologies Inc. c/o Isabel Berney, registered agent 64 SW 18 RD Miami, FL 33130 Isabel Berney 64 SW 18 RD Miami, FL 33130