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

Filing 12

ORDER granting 11 Plaintiff's Second Verified Motion to Enlarge Time for Service of Process Under Fed. R. Civ. P. 4(m). For good cause shown, the motion is granted. Plaintiff shall have up to and including March 10, 2016 to effect service of process. Signed by Magistrate Judge Carol Mirando on 11/9/2015. (LS)

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 Second Verified
Motion to Enlarge Time for Service of Process Under F.R.C.P. 4(m) (Doc. 11) filed on
November 5, 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). On July 29,
2015, Plaintiff filed a verified motion requesting a 120-day extension of time to effect
service of process on Defendants, who were residing in North Carolina. Doc. 9. On
July 30, 2015, this Court granted Plaintiff’s motion, and ordered Plaintiff to effect
service of process on Defendants by November 5, 2015. Id.
In the instant motion, Plaintiff requests an additional 120 days by which to
effect service of process. Plaintiff details the efforts of a third process server in an
ongoing attempt to timely serve Defendants. Plaintiff believes that Defendants have
relocated from North Carolina to Maryland. 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:
Second Verified Motion to Enlarge Time for Service of Process Under F.R.C.P.
4(m) (Doc. 11) is GRANTED. Plaintiff shall have an additional 120 days, up to and
including March 10, 2016, during which to effectuate service of process.
DONE and ORDERED in Fort Myers, Florida on this 9th day of November,
2015.

Copies:
Counsel of record

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