Bray v. Paetec Communications, Inc. et al

Filing 9

ORDER granting 8 Plaintiff Steven Bray's Motion for Extension of Time to Serve the Complaint. The Plaintiff is granted an extension of thirty (30) days to serve the Complaint upon the Defendant. Service must be completed on or before October 25, 2012. Signed by Magistrate Judge Sheri Polster Chappell on 9/24/2012. (LMF)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
STEVEN BRAY,
Plaintiff,
v.

CASE NO. 2:12-cv-282-FtM-99SPC

PAETEC COMMUNICATIONS, INC.,
WINDSTREAM COMMUNICATIONS, INC.,
Defendants.
__________________________________________/
ORDER
This matter comes before the Court on Plaintiff Steven Bray’s Motion for Extension of
Time to Serve the Complaint (Doc. #8). Plaintiff’s Complaint (Doc. #1) was filed with the Court
on May 21, 2012, and he requests an extension of sixty (60) days to serve the Complaint upon
the Defendant. The Federal Rules of Civil Procedure read in pertinent part,
If a defendant is not served within 120 days after the complaint is filed,
the court--on motion or on its own after notice to the plaintiff--must
dismiss the action without prejudice against that defendant or order that
service be made within a specified time. But if the plaintiff shows good
cause for the failure, the court must extend the time for service for an
appropriate period.
Fed. R. Civ. P. 4(m).
After receiving a “Notice of Right to Sue” from the U.S. Equal Employment Opportunity
Commission, the Plaintiff filed his workplace discrimination suit on May 21, 2012. However,
the Plaintiff delayed service because he was actively pursuing the possibility of settlement
negotiations with the Defendant. As it recently became apparent that settlement discussions are
an unlikely possibility, the Plaintiff requests an extension of time to serve the Defendant with the

Complaint. Due to the length of time already used by the Plaintiff in settlement negotiations, the
Court finds sixty (60) days to be excessive, but will allow thirty (30) days to effect service. The
Court, finding good cause, will permit an extension of thirty (30) days.
Accordingly, it is now
ORDERED:
Plaintiff Steven Bray’s Motion for Extension of Time to Serve the Complaint (Doc. #8) is
GRANTED. The Plaintiff is granted an extension of thirty (30) days to serve the Complaint
upon the Defendant. Service must be completed on or before October 25, 2012.
DONE and ORDERED at Fort Myers, Florida, this 24th day of September, 2012.

Copies: All Parties of Record