Sellers et al v. American Recovery Specialists of Florida, Inc. et al

Filing 7

ORDER dismissing case re 6 Order to show cause. The Plaintiffs' Complaint 1 is hereby DISMISSED. The Clerk of the Court is directed to enter judgment accordingly, terminate any pending motions, and close the file. Signed by Judge Sheri Polster Chappell on 4/1/2014. (LMF)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
RANDY SELLERS and LEONA
SELLERS,
Plaintiffs,
v.

Case No: 2:13-cv-615-FtM-38DNF

AMERICAN RECOVERY
SPECIALISTS OF FLORIDA, INC.
and RONALD M. KEYS,
Defendants.
/
ORDER1
This matter comes before the Court on the Court's Order to Show Cause (Doc. #6)
filed on March 6, 2014. On March 6, 2014, the Court directed Plaintiffs, Randy and Leona
Sellers to show cause in writing why the Defendants had not been timely served with the
summons and complaint in accord with the Federal Rules of Civil Procedure.

As

explained in the Court’s Order to Show Cause, the Plaintiffs had 120 days to effectuate
service on the Defendants after their Complaint was filed with the Court. Fed. R. Civ. P.
4(m). The Complaint was filed on August 22, 2013, and no service had been effectuated
on the Defendants by the time the 120 deadline expired.

1

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The Plaintiffs were warned that failure to effect service within 120 days would
mandate that their case be dismissed. Steinberg v. Barclay's Nominees (Branches) Ltd.,
2008 WL 4500395, *2 (S.D. Fla. September 30, 2008) (citing Fed. R. Civ. P. 4(m)). The
Plaintiffs were given up to and including March 17, 2014, to answer the Court’s Order to
Show Cause. To date the Plaintiffs have failed to respond to the Order to Show Cause
or to effect service on the Defendants. Therefore, the Plaintiff’s Complaint is due to be
dismissed and the case closed.
Accordingly, it is now
ORDERED:
The Plaintiffs’ Complaint (Doc. #1) is hereby DISMISSED. The Clerk of the Court
is directed to enter judgment accordingly, terminate any pending motions, and close the
file.
DONE and ORDERED in Fort Myers, Florida this 1st day of April, 2014.

Copies: All Parties of Record

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