Sunscreen Mist Holdings, LLC v. Snappyscreen, Inc.

Filing 25

ORDER adopting 23 REPORT AND RECOMMENDATIONS re 21 Second MOTION for service by publication filed by Sunscreen Mist Holdings, LLC. The Report and Recommendation (Doc. 23 ) is ACCEPTED and ADOPTED and its findings incorporated herein. Plaintiff's Second Motion for Alternate Service (Doc. 21 ) is DENIED. Defendant's request for attorney's fees is DENIED. This action is dismissed without prejudice pursuant to Fed. R. Civ. P. 4(m) for failure to timely serve Defendant. The Clerk is directed to enter judgment accordingly, terminate any pending deadlines, and close the file. Signed by Judge Sheri Polster Chappell on 11/29/2017. (LMF)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
SUNSCREEN MIST HOLDINGS, LLC, a
Michigan limited liability company
Plaintiff,
v.

Case No: 2:17-cv-132-FtM-38MRM

SNAPPYSCREEN, INC.,
Defendant.
/
OPINION AND ORDER1
This matter comes before the Court on review of United States Magistrate Judge
Mac R. McCoy’s Report and Recommendation (Doc. 23), recommending that Plaintiff’s
Second Motion for Alternate Service (Doc. 21) be denied and this action be dismissed
without prejudice for Plaintiff’s failure to timely serve Defendant pursuant to Fed. R. Civ.
P. 4(m). Judge McCoy also recommends that Defendant’s request for attorney’s fees be
denied. No objections have been filed and the time to do so has expired.
A district judge “may accept, reject, or modify in whole or in part, the findings or
recommendations made by the magistrate judge.” 28 U.S.C. § 636(b)(1). The district
judge “shall make a de novo determination of those portions of the report or specified
proposed findings or recommendations to which objection is made.” Id. And “[t]he judge

1

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may also receive further evidenced or recommit the matter to the magistrate judge with
instructions.” Id.
After conducting an independent examination of the file and upon due
consideration of the Report and Recommendation, the Court accepts the Report and
Recommendation. This action will be dismissed without prejudice for failure to timely
serve Defendant; and Defendant’s request for attorney’s fees is denied.
Accordingly, it is now
ORDERED:
(1)

The Report and Recommendation (Doc. 23) is ACCEPTED and ADOPTED

and its findings incorporated herein.
(2)

Plaintiff’s Second Motion for Alternate Service (Doc. 21) is DENIED.

(3)

Defendant’s request for attorney’s fees is DENIED.

(4)

This action is dismissed without prejudice pursuant to Fed. R. Civ. P.

4(m) for failure to timely serve Defendant.
(5)

The Clerk is directed to enter judgment accordingly, terminate any pending

deadlines, and close the file.
DONE and ORDERED in Fort Myers, Florida this 29th day of November, 2017.

Copies: All Parties of Record

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