Scotlynn USA Division, Inc. v. Z Top Logistics, Inc. et al

Filing 14

ORDER granting 11 Plaintiff's Verified Motion to Enlarge Time for Service of Process Under F.R.C.P. 4(M). Plaintiff shall have up to and including January 30, 2017, during which to effect service of process. Signed by Magistrate Judge Carol Mirando on 11/15/2016. (LS)

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

Case No: 2:16-cv-606-FtM-99CM

Z TOP LOGISTICS, INC. and
LYUBOV MARYNOVA,
Defendants.
ORDER
This matter comes before the Court upon review of Plaintiff’s Verified Motion
to Enlarge Time for Service of Process Under F.R.C.P. 4(M) (Doc. 11) filed on
November 11, 2016.

Under the Federal Rules of Civil Procedure, Plaintiff was

required to serve Defendants on or before November 1, 2016. Fed. R. Civ. P. 4(m).
Plaintiff now seeks an additional ninety days to effect service of process on Defendant
Lyubov Marynova. Doc. 11 at 3. Plaintiff details the efforts of its process server to
serve Defendant Marynova since August 8, 2016.

Id. at 2. Its process server,

however, discovered that Defendant Marynova is out of the country and is expected
to be gone for several months. Id. Plaintiff’s counsel communicated with counsel
for Defendant Z Top Logistics Inc., who informed Plaintiff that Defendant Marynova
is in Ukraine and not expected to return until the end of November. Id.
Upon review of the motion, the Court finds that Plaintiff has diligently
attempted to timely serve Defendant Marynova 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:
Verified Motion to Enlarge Time for Service of Process Under F.R.C.P. 4(M)
(Doc. 11) is GRANTED. Plaintiff shall have up to and including January 30, 2017,
during which to effect service of process.
DONE and ORDERED in Fort Myers, Florida on this 15th day of November,
2016.

Copies:
Counsel of record

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