Dyer v. Stewart Title Guaranty Company et al

Filing 51

ORDER re 48 Response to order to show cause filed by Michelle A. Dyer. Plaintiff's Response to Order to Show Cause as to Why Defendants Michael Garber, Esq. and Harbor Funding Group, Inc. Should not be Dismissed for Failure to Prosecute an d Request for Extension of Time to Serve Defendants Michael D. Garber and Harbour Funding Group, LLC 48 is GRANTED. The Clerk is directed to issue an alias summons on Defendant Michael D. Garber, Esq. and Harbour Funding Group, LLC. Plaintiff shall have up to and including July 8, 2013 to locate and serve Defendants Michael D. Garber, Esq. and Harbour Funding Group, LLC. Signed by Judge Sheri Polster Chappell on 6/4/2013. (LMF)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
MICHELLE A. DYER, an individual
Plaintiff,
v.

Case No: 2:11-cv-577-FtM-38DNF

HARBOR FUNDING GROUP, INC. and
MICHAEL D. GARBER,
Defendants.
___________________________________/
ORDER
This matter comes before the Court on Plaintiff's Response to Order to Show
Cause as to Why Defendants Michael Garber, Esq. and Harbor Funding Group, Inc.
Should not be Dismissed for Failure to Prosecute and Request for Extension of Time to
Serve Defendants Michael D. Garber and Harbour Funding Group, LLC (Doc. #48) filed
on December 25, 2012.
On December 18, 2012, this Court noted that Defendants Michael Garber and
Harbor Funding Group, Inc. had not been served.

(Doc. #47).1

Thus, the Court

directed Plaintiff to submit a notice voluntarily dismissing the remaining Defendants or to
show cause why the remaining Defendants should not be dismissed for failure to serve.
(Id.). Plaintiff filed the instant response on December 25, 2012. In it, Plaintiff included a
request for extension of time to locate and serve the two Defendants, as well as a
request that the Clerk to issue an alias summons as Plaintiff has had difficulty locating
the remaining two Defendants. Plaintiff states that she has reason to believe that the
two Defendants have been evading service by concealing their whereabouts but states
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The other seven Defendants have been dismissed or have agreed to a judgment.

that she has new information as to their whereabouts. Since December, there has been
no activity in the case.
Upon review of the matter, as service upon Defendants Garber and Harbour
Funding Group, Inc. has been unsuccessful, the Court finds that issuance of an alias
summons is appropriate. In the future, any relief requested from the Court must be
done so in a Motion.
Accordingly, it is now
ORDERED:
(1) Plaintiff's Response to Order to Show Cause as to Why Defendants Michael
Garber, Esq. and Harbor Funding Group, Inc. Should not be Dismissed for
Failure to Prosecute and Request for Extension of Time to Serve Defendants
Michael D. Garber and Harbour Funding Group, LLC (Doc. #48) is
GRANTED.
(2) The Clerk is directed to issue an alias summons on Defendant Michael D.
Garber, Esq. and Harbour Funding Group, LLC.
(3) Plaintiff shall have up to and including July 8, 2013 to locate and serve
Defendants Michael D. Garber, Esq. and Harbour Funding Group, LLC
DONE and ORDERED in Fort Myers, Florida this 4th day of June, 2013.

Copies: All Parties of Record

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