Gibbs v. Fawcett Memorial Hospital, Inc. et al

Filing 40

ORDER. Plaintiff is directed to file a status report with the Court as to the status of service on Defendant Yepes on or before June 7, 2013. Signed by Judge Sheri Polster Chappell on 6/3/2013. (LMF)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION

MONICA GIBBS, an individual
Plaintiff,
v.

Case No: 2:12-cv-493-Ftm-38UAM

FAWCETT MEMORIAL HOSPITAL,
INC., CHARLOTTE
CARDIOVASCULAR INSTITUTE, P.A.
and CESAR YEPES,
Defendants.
___________________________________/

ORDER
This matter comes before the Court on review of the file. On December 11,
2012, a summons was issued as to Defendant Cesar Yepes. The Complaint was filed
on September 5, 2012, thus, the deadline to serve Defendant expired on January 3,
2013, pursuant to Federal Rule of Civil Procedure 4. There is no indication in the
docket that Defendant Yepes was served.

Further, Defendant Yepes has not

responded to the Complaint. If service was effectuated, then Plaintiff should move for
default.

The Court will direct Plaintiff to file a status report with the Court as to the

status of service on Defendant Yepes. Failure to respond will result in Defendant Yepes
being dismissed for failure to prosecute.
Accordingly, it is now
ORDERED:

Plaintiff is directed to file a status report with the Court as to the status of service
on Defendant Yepes on or before June 7, 2013.
DONE and ORDERED in Fort Myers, Florida this 3rd day of June, 2013.

Copies: All Parties of Record

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