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)
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
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