Patrick Collins, Inc. v. Does 1-31

Filing 18

ORDER granting 17 Plaintiff's Fourth Motion for Extension of Time within which it has to Serve Defendants with a Summons and Complaint. Plaintiff shall have an additional thirty (30) days or until March 25, 2013 to effectuate service of a summons and Complaint on Defendants. Signed by Magistrate Judge Sheri Polster Chappell on 2/21/2013. (LMF)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
PATRICK COLLINS, INC.,
Plaintiff,
v.

Case No: 2:12-cv-402-Ftm-99SPC

JOHN DOES 1-31,
Defendants.
___________________________________/
ORDER
This matter comes before the Court on Plaintiff’s Fourth Motion for Extension of Time
within Which it Has to Serve Defendants with a Summons and Complaint (Doc. #17) filed on
February 20, 2013. Plaintiff moves the Court for a thirty day extension to serve the Defendants a
summons and Complaint.
On July 26, 2012, Plaintiff Patrick Collins, Inc. filed the instant copyright infringement
action (Doc. #1) alleging that each John Doe Defendant is liable for direct copyright
infringement in violation of 17 U.S.C. § § 106 and 501 and contributory copyright infringement.
On August 29, 2012, Plaintiff served each internet service provider (ISP) with a third party
subpoena requesting information identifying the John Doe Defendants so that Plaintiff may
complete service of process on them. Plaintiff states it has received a response from each ISP
except Verizon, who objected to Plaintiff’s subpoena. Plaintiff states that it has resolved this
objection with Verizon and that Verizon has agreed to release its responses to Plaintiff by
February 25, 2013. However, the deadline to complete service of process on all John Doe
Defendants is February 20, 2013. (Doc. #16). As such, Plaintiff requests thirty days extension

of time to effectuate service of a summons and Complaint on the remaining John Doe
Defendants.
Fed. R. Civ. P. 4(m) reads 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.
In this instance, the Court finds goods cause and grants Plaintiff’s request for an
extension to time to effectuate service on the remaining John Doe Defendants. Plaintiff shall
have an additional thirty days to serve Defendants with a summons and Complaint. However,
the Court strongly encourages Plaintiff to complete service of a summons and Complaint on
Defendants within the requested thirty days, as this is Plaintiff’s fourth motion requesting
additional time to do so.
Accordingly, it is now ORDERED:
Plaintiff’s Fourth Motion for Extension of Time within which it has to Serve Defendants
with a Summons and Complaint (Doc. #17) is GRANTED. Plaintiff shall have an additional
thirty (30) days or until March 25, 2013 to effectuate service of a summons and Complaint on
Defendants.
DONE and ORDERED in Fort Myers, Florida this 21th day of February, 2013.

Copies: All Parties of Record