Scotlynn USA Division, Inc. v. Cold Ground Transport, LLC et al

Filing 10

ORDER granting 9 Plaintiff Scotlynn USA Division, Inc.'s Verified Motion to Enlarge Time for Service of Process. Plaintiff shall have up to and including November 5, 2015 during which to serve Defendants. Signed by Magistrate Judge Carol Mirando on 7/30/2015. (ALB)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
SCOTLYNN USA DIVISION, INC.,
Plaintiff,
v.

Case No: 2:15-cv-152-FtM-38CM

COLD GROUND TRANSPORT,
LLC and AMATHIM THIAM,
Defendants.
ORDER
Before the Court is Plaintiff Scotlynn USA Division, Inc.’s Verified Motion to
Enlarge Time for Service of Process under F.R.C.P. 4(m) (Doc. 9), filed on July 29,
2015.

Plaintiff filed its Complaint in this matter on March 10, 2015.

Doc. 1.

Under the Federal Rules of Civil Procedure, Plaintiff therefore was required to serve
Defendants on or before July 8, 2015.

Fed. R. Civ. P. 4(m).

If a plaintiff

demonstrates good cause for failure to serve defendants within the 120 days
prescribed by the Federal Rules, however, “the court must extend the time for service
for an appropriate period.” Id. Here, Plaintiff requests an extension of the time for
effectuating service of process by an additional 120 days, and details the efforts
undertaken by Plaintiff and two process servers to timely serve Defendants, who are
located in North Carolina.
Upon review of the motion, the Court finds that Plaintiff has diligently
attempted to timely serve Defendants and has demonstrated good cause for its failure
to do so. The Court therefore will grant the motion and extend the time for service.

ACCORDINGLY, it is hereby
ORDERED:
Plaintiff Scotlynn USA Division, Inc.’s Verified Motion to Enlarge Time for
Service of Process under F.R.C.P. 4(m) (Doc. 9) is GRANTED. Plaintiff shall have
an additional 120 days, up to and including November 5, 2015, during which to
effectuate service of process.
DONE and ORDERED in Fort Myers, Florida on this 30th day of July, 2015.

Copies:
Counsel of record

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