Kafka v. Liberty Trading Group, Inc et al

Filing 8

ORDER re 7 Response to order to show cause filed by Joseph Kafka. Plaintiff Joseph Kafka's Response to Order to Show Cause 7 is GRANTED. Plaintiff shall have up to and including November 10, 2014, to serve Defendants Liberty Trading Group, Inc., James Cordier, and Michael Gross in a manner consistent with the Federal Rules of Civil Procedure. Signed by Judge Sheri Polster Chappell on 9/9/2014. (LMF)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
JOSEPH KAFKA, individually and on
behalf of all others similarly situated,
Plaintiff,
v.

Case No: 2:14-cv-197-FtM-38DNF

LIBERTY TRADING GROUP, INC.,
JAMES CORDIER, and MICHAEL
GROSS,
Defendants.
/
ORDER1
This matter comes before the Court on Plaintiff Joseph Kafka's Response to Order
to Show Cause (Doc. #7) filed on September 8, 2014. Plaintiff filed the Complaint (Doc.
#1) against Defendants Liberty Trading Group, Inc., James Cordier, and Michael Gross
on April 7, 2014. (Doc. #5). The Summons was then issued on April 24, 2014. (Doc.
#5). When Plaintiff did not file a return of service within 120 days of filing the Complaint,
the Court ordered Plaintiff to show cause why the Complaint should not be dismissed for
failure to effectuate service of process on Defendants in accordance with Rule 4(m) of
the Federal Rules of Civil Procedure. (Doc. #6).

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Plaintiff filed the instant response on September 8, 2014. In it, Plaintiff states it
unsuccessfully attempted to serve the named Defendants and an employee of Defendant
Liberty Trading Group, Inc. on several occasions between June 30, 2014, and August 27,
2014. (Doc. #7 at ¶¶ 3-8; Doc. #7-1 at ¶¶ 2, 4-15). Sometime in August 2014, Plaintiff
also contacted an attorney who had represented Defendant Liberty Trading, and the
attorney has agreed to accept service for Defendant Liberty Trading. (Doc. #7 at ¶ 9).
Consequently, Plaintiff now requests that the Court grant it a sixty-day (60) extension of
time to serve Defendants.
Upon review of the matter, the Court finds good cause for Plaintiff's inability to
effectuate service within 120 days of filing the Complaint. The Court, therefore, will extend
the time for service for a period of sixty (60) days.
Accordingly, it is now
ORDERED:
Plaintiff Joseph Kafka's Response to Order to Show Cause (Doc. #7) is
GRANTED.

Plaintiff shall have up to and including November 10, 2014, to serve

Defendants Liberty Trading Group, Inc., James Cordier, and Michael Gross in a manner
consistent with the Federal Rules of Civil Procedure
DONE and ORDERED in Fort Myers, Florida this 9th day of September, 2014.

Copies: All Parties of Record

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