Phoenix Entertainment Partners, LLC v. CocoSally's Sports Bar and Grill, Inc. et al

Filing 11

ORDER granting 10 Plaintiff's Motion for Extension of Time to Effect Service. Plaintiff shall have up to and including December 20, 2016, during which to effectuate service of process. Signed by Magistrate Judge Carol Mirando on 10/3/2016. (LS)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
PHOENIX ENTERTAINMENT
PARTNERS, LLC, a North Carolina
LLC
Plaintiff,
v.

Case No: 2:16-cv-400-FtM-99CM

COCOSALLY’S SPORTS BAR AND
GRILL, INC. and EDWARD
WILLIAMS,
Defendants.
ORDER
This matter comes before the Court upon review of Plaintiff’s Motion for
Extension of Time to Effect Service (Doc. 10) filed on September 21, 2016. Plaintiff
filed its Complaint in this matter on May 24, 2016. Doc. 1. Under the Federal Rules
of Civil Procedure, Plaintiff was required to serve Defendants on or before August 22,
2016. Fed. R. Civ. P. 4(m). Plaintiff now seeks an extension of time up to and
including December 20, 2016 to effect service of process on Defendants. Doc. 10 at
1. Plaintiff details the efforts of its process server of various unsuccessful attempts
to serve Defendants since May 27, 2016. Id. Plaintiff requests the extension to
further investigate Defendants’ whereabouts and effect service on them. Id. at 3.
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:
Motion for Extension of Time to Effect Service (Doc. 10) is GRANTED.
Plaintiff shall have up to and including December 20, 2016, during which to effectuate
service of process.
DONE and ORDERED in Fort Myers, Florida on this 3rd day of October, 2016.

Copies:
Counsel of record

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