Malibu Media, LLC v. John Doe

Filing 15

ORDER granting 14 Plaintiff's First Motion for Extension of Time within Which It Has to Serve Defendant with A Summons and Complaint. Plaintiff shall have up to and including 8/15/2014 to serve Defendant with a summons and copy of the Complaint. Signed by Magistrate Judge Carol Mirando on 7/17/2014.(ALB)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
MALIBU MEDIA, LLC,
Plaintiff,
v.

Case No: 2:14-cv-154-FtM-29CM

NEAL MOORE,
Defendant.
ORDER
Before the Court is Plaintiff's First Motion for Extension of Time within Which
It Has to Serve Defendant with A Summons and Complaint (Doc. 14), filed on July
16, 2014. By the motion, Plaintiff requests an additional thirty (30) days, up to and
including August 15, 2014, during which to serve Defendant with a summons and
Complaint.
Rule 4, Federal Rules of Civil Procedure, requires that service be completed
within 120 days of the filing of the Complaint, or the action must be dismissed
without prejudice. Fed. R. Civ. P. 4(m). The Complaint was filed on March 18, 2014
(Doc. 1), thereby requiring service upon Defendant by July 16, 2014.

Upon a

showing of good cause, however, the Court may extend the time for service for an
appropriate period. Fed. R. Civ. P. 4(m).
In support of the motion, Plaintiff states that this action was originally brought
against a John Doe Defendant whose true identity was unknown, and it was not until
June 6, 2014 that Plaintiff learned Defendant’s identity in response to a Third Party

Subpoena issued to Defendant’s Internet Service Provider (“ISP”) on April 15, 2014.
Doc. 14 at 1.

Upon learning Defendant’s identity, Plaintiff filed an Amended

Complaint on July 10, 2014 to name the Defendant identified by the ISP.

Id.

Plaintiff filed a proposed summons to be issued by the Clerk the same day, but to date
the summons has not been issued. Id. Plaintiff represents that, upon receipt of the
Clerk-issued summons, it will immediately begin attempting to serve Defendant. Id.
Upon due consideration and in light of the procedural posture of this case, the
Court finds good cause to grant the requested extension.
ACCORDINGLY, it is hereby
ORDERED:
Plaintiff's First Motion for Extension of Time within Which It Has to Serve
Defendant with A Summons and Complaint (Doc. 14) is GRANTED. Plaintiff shall
have up to and including August 15, 2014 to serve Defendant with a summons and
copy of the Complaint.
DONE and ORDERED in Fort Myers, Florida on this 17th day of July, 2014.

Copies:
Counsel of record

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