Buchanan et al v. Captain Doug's Boat Tours, LLC et al

Filing 52

ORDER granting 49 Plaintiffs' Motion for Extension of Time in Which to Serve Second Amended Complaint. Plaintiffs shall have up to and including Wednesday, June 20, 2016 to effectuate service on Defendant Markley. Signed by Magistrate Judge Carol Mirando on 3/31/2016. (ANW)

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UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA FORT MYERS DIVISION KERRY BUCHANAN, JANI LEE and PATRICIA ESPINOSA, Plaintiffs, v. Case No: 2:15-cv-59-FtM-29CM CAPTAIN DOUG’S BOAT TOURS, LLC, JOHN STEVEN MARKLEY, EVERGLADES AIRBOAT MANAGEMENT LLC, EVERGLADES AIRBOAT RESORTS LLC. and EVERGLADES AIRBOATS AND SWAMP BUGGIES, LLC, Defendants. ORDER Before the Court is Plaintiffs’ Motion for Extension of Time in Which to Serve Second Amended Complaint (Doc. 49), filed on March 22, 2016. By motion, Plaintiffs request an additional 120 days to serve Defendant, John Steven Markey, with the 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 Second Amended Complaint was filed on December 21, 2015 (Doc. 32), thereby requiring service upon Defendant by April 19, 2016. 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). As grounds for this motion, Plaintiffs state that service was attempted on March 14, 2016 at the last known address for Defendant but Defendant could not be found. Doc. 49 at 1. Plaintiffs seeks an additional 120 days to locate Defendant, John Steven Markley, and effect service. Id. at 2. Counsel for Defendant Markey has no objection to the request. Id. Upon due consideration, the Court finds good cause to grant an extension, but the Court is not inclined to allow Plaintiff 120 days. While the Court recognizes that this is the first request for an extension to serve the Second Amended Complaint, this case has been pending for over a year. See Doc. 1. In an effort to keep this case moving forward, the Court will allow Plaintiff 60 days to effectuate service on Defendant Markley. ACCORDINGLY, it is hereby ORDERED: Plaintiffs' Motion for Extension of Time in Which to Serve Second Amended Complaint (Doc. 49) is GRANTED. Plaintiffs shall have up to and including Wednesday, June 20, 2016 to effectuate service on Defendant Markley. DONE and ORDERED in Fort Myers, Florida on this 31st day of March, 2016. Copies: Counsel of record -2-

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