On November 09, 2022 a
Motion,Ex Parte
was filed
involving a dispute between
Mode Transportation, Llc,
and
Stapleton-Spence Packing Co.,
for COMPLAINT ON CONTRACT OR OTHER DEBT - $15000 - $30000 Division: CC-F
in the District Court of Duval County.
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Filing # 165993266 E-Filed 02/02/2023 11:54:34 AM
IN THE COUNTY COURT, FOURTH
JUDICIAL CIRCUIT, IN AND FOR
DUVAL COUNTY, FLORIDA
CASE NO.: 16-2022-CC-015554
DIVISION: CC-F
MODE TRANSPORTATION, LLC,
a Delaware Limited Liability Company,
Plaintiff,
v.
STAPLETON-SPENCE PACKING CO.,
a California Corporation,
Defendant.
_______________________________/
MOTION TO VCATE CLERK’S DEFAULT AND WITHDRAW
MOTION FOR FINAL JUDGMENT
Comes now, Plaintiff MODE TRANSPORTATION, LLC, a Florida Limited Liability
Company (“MODE”), moves this Court to vacate the Clerk’s Default and withdraw Plaintiff’s
Motion for Final Judgment and as grounds thereof would show:
1. On or about December 5, 2022, a process server served the California Secretary of
State on behalf of the Defendant, Stapleton-Spence Packing, Co. (“Defendant”).
2. The Clerk entered a Default against Defendant for failure to serve a pleading in a
time required by law on or about January 3, 2023.
3. Plaintiff received a letter dated January 18, 2023, from the California Secretary of
State (“CA SOS”) rejecting the substituted service for failure to comply with California Code of
Civil Procedure.
4. In light of the communication from the CA SOS Plaintiff would request the Clerk’s
Default be vacated and the Motion for Final Judgment be withdrawn so service can properly be
ACCEPTED: DUVAL COUNTY, JODY PHILLIPS, CLERK, 02/02/2023 05:49:07 PM
effected on the CA SOS.
5. No party in this action will suffer any prejudice if Plaintiff’s requests are granted.
Wherefore, Plaintiff moves that this Court to enter an Order Vacating the Clerk’s Default
and granting Plaintiff’s Motion to Withdraw the Motion for Final Judgment.
Dated this 2nd day of February, 2023.
Respectfully submitted,
/s/ Pamela Simmons
Pamela Simmons, Esquire
Florida Bar No.: 389269
4500 Salisbury Road, Suite 305
Jacksonville, Florida 32216
Telephone No.: (888) 301-7720
Facsimile No.: (904) 212-2316
Primary: Pamela.Simmons@modetransportation.com
Secondary: Heather.Sudo@modetransportation.com
Attorney for Plaintiff, MODE Transportation, LLC
CERTIFICATE OF SERVICE
I HEREBY CERTIFY 2nd day of February, 2023, that a true and correct copy of the
foregoing was filed with the Clerk of Court using the Florida E-Portal electronic filing system
and sent via U.S. mail to those not registered for the Florida E-Portal
Stapleton-Spence Packing Co. Stapleton-Spence Packing Co.
Martin Bradley Stapleton, as RA c/o CA Secretary of State
1900 Highway 99 N 1500 11th Street
Gridley, CA 95948 3rd Floor, Room 390
Sacramento, CA 95814
/s/ Pamela Simmons
Pamela Simmons, Esquire
Document Filed Date
February 02, 2023
Case Filing Date
November 09, 2022
Category
COMPLAINT ON CONTRACT OR OTHER DEBT - $15000 - $30000 Division: CC-F
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Filing # 165993266 E-Filed 02/02/2023 11:54:34 AM IN THE COUNTY COURT, FOURTH JUDICIAL CIRCUIT, IN AND FOR DUVAL COUNTY, FLORIDA CASE NO.: 16-2022-CC-015554 DIVISION: CC-F MODE TRANSPORTATION, LLC, a Delaware Limited Liability Company, Plaintiff, v. STAPLETON-SPENCE PACKING CO., a California Corporation, Defendant. _______________________________/ MOTION TO VCATE CLERK’S DEFAULT AND WITHDRAW MOTION FOR FINAL JUDGMENT Comes now, Plaintiff MODE TRANSPORTATION, LLC, a Florida Limited Liability Company (“MODE”), moves this Court to vacate the Clerk’s Default and withdraw Plaintiff’s Motion for Final Judgment and as grounds thereof would show: 1. On or about December 5, 2022, a process server served the California Secretary of State on behalf of the Defendant, Stapleton-Spence Packing, Co. (“Defendant”). 2. The Clerk entered a Default against Defendant for failure to serve a pleading in a time required by law on or about January 3, 2023. 3. Plaintiff received a letter dated January 18, 2023, from the California Secretary of State (“CA SOS”) rejecting the substituted service for failure to comply with California Code of Civil Procedure. 4. In light of the communication from the CA SOS Plaintiff would request the Clerk’s Default be vacated and the Motion for Final Judgment be withdrawn so service can properly be ACCEPTED: DUVAL COUNTY, JODY PHILLIPS, CLERK, 02/02/2023 05:49:07 PM effected on the CA SOS. 5. No party in this action will suffer any prejudice if Plaintiff’s requests are granted. Wherefore, Plaintiff moves that this Court to enter an Order Vacating the Clerk’s Default and granting Plaintiff’s Motion to Withdraw the Motion for Final Judgment. Dated this 2nd day of February, 2023. Respectfully submitted, /s/ Pamela Simmons Pamela Simmons, Esquire Florida Bar No.: 389269 4500 Salisbury Road, Suite 305 Jacksonville, Florida 32216 Telephone No.: (888) 301-7720 Facsimile No.: (904) 212-2316 Primary: Pamela.Simmons@modetransportation.com Secondary: Heather.Sudo@modetransportation.com Attorney for Plaintiff, MODE Transportation, LLC CERTIFICATE OF SERVICE I HEREBY CERTIFY 2nd day of February, 2023, that a true and correct copy of the foregoing was filed with the Clerk of Court using the Florida E-Portal electronic filing system and sent via U.S. mail to those not registered for the Florida E-Portal Stapleton-Spence Packing Co. Stapleton-Spence Packing Co. Martin Bradley Stapleton, as RA c/o CA Secretary of State 1900 Highway 99 N 1500 11th Street Gridley, CA 95948 3rd Floor, Room 390 Sacramento, CA 95814 /s/ Pamela Simmons Pamela Simmons, Esquire