AKB Wireless, Inc. v. Wireless Toyz Franchise, LLC

Filing 12

ORDER re 11 Response to order to show cause filed by AKB Wireless, Inc. Due to Plaintiff's Response to Order to Show Cause, 11 , no further action is needed with regard to the Order to Show Cause 10 . The Clerk is directed to file the return of service on the docket under a separate docket entry. [11-1]. Signed by Judge Sheri Polster Chappell on 8/25/2014. (LMF)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
AKB WIRELESS, INC., a Florida
corporation
Plaintiff,
v.

Case No: 2:14-cv-171-FtM-38CM

WIRELESS TOYZ FRANCHISE,
LLC,
Defendant.
/
ORDER1
This matter comes before the Court on review of Plaintiff’s Response to Order to
Show Cause (Doc. 11) filed on August 22, 2014. After Plaintiff filed an amended
complaint against Defendant on April 10, 2014, (Doc. 5), at least 120 days passed and
no return of service was filed on the docket. Hence, the Court issued an order to show
cause as to why this case should not be dismissed for failure to prosecute. (See Doc.
10). In response to the Court’s order, Plaintiff indicates it timely served Defendant on
July 26, 2014. (See Doc. 11-1). Since service was timely filed, the Court finds good
cause not to dismiss this case.
Accordingly, it is now
ORDERED:

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1. Due to Plaintiff’s Response to Order to Show Cause, (Doc. 11), no further
action is needed with regard to the Order to Show Cause (Doc. 10).
2. The Clerk is directed to file the return of service on the docket under a
separate docket entry. (Doc. 11-1).
DONE and ORDERED in Fort Myers, Florida this 25th day of August, 2014.

Copies: All Parties of Record

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