The Provident Bank v. Borci et al

Filing 12

ORDER denying 11 Plaintiff's Motion for Clerk to Issue Second Summons for Amended Complaint. The motion is denied to the extent that Plaintiff seeks a Court Order directing the Clerk to issue a second summons. This Order does not preclude the Clerk from issuing a second summons upon proper request by Plaintiff. Signed by Magistrate Judge Carol Mirando on 2/17/2015.(ALB)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
THE PROVIDENT BANK,
Plaintiff,
v.

Case No: 2:15-cv-18-FtM-38CM

JOSEPH A. BORCI and REBECCA
A. BORCI,
Defendants.
ORDER
Before the Court is Plaintiff, The Provident Bank’s, Motion for Clerk to Issue
Second Summons for Amended Complaint (Doc. 11), filed on February 11, 2015.
Plaintiff requests that the Court direct the Clerk to issue a second summons to
Defendants Joseph A. and Rebecca Borci to be served with its Amended Complaint
(Doc. 10), because although Defendants have not yet appeared, filed an answer or
otherwise responded to Plaintiff’s original Complaint (Doc. 1), the Amended
Complaint contains new claims for relief and personal service therefore is required
by Rules 4 and 5, Federal Rules of Civil Procedure. Doc. 11 at 1; see Fed. R. Civ. P.
4, 5(a)(2).
Although Plaintiff correctly states that personal service of the second summons
and Amended Complaint is required by the Federal Rules of Civil Procedure, the
Rules do not require that the Court issue an Order instructing the Clerk to issue a
second summons. Instead, Plaintiff should request a second summons directly from
the Clerk of Court.

ACCORDINGLY, it is hereby
ORDERED:
Plaintiff’s Motion for Clerk to Issue Second Summons for Amended Complaint
(Doc. 11) is DENIED to the extent that Plaintiff seeks a Court Order directing the
Clerk to issue a second summons. This Order does not preclude the Clerk from
issuing a second summons upon proper request by Plaintiff.
DONE and ORDERED in Fort Myers, Florida on this 17th day of February,
2015.

Copies:
Counsel of record

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