Briem et al v. Holiday Water Sports Ft Myers Beach, Inc. et al

Filing 12

ORDER granting in part and denying in part 11 Plaintiffs' First Motion to Extend Time for Service of Corporate Defendant and Temporary Stay of Service as to Individual Defendant. Plaintiffs shall have up to and including August 31, 2018 to serve Defendant Holiday Water Sports Ft. Myers Beach, Inc., and up to and including October 1, 2018 to serve Defendant Tour Guide Leader "Jack" LNU. Signed by Magistrate Judge Carol Mirando on 8/1/2018. (DRS)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
MARIA BRIEM and TORSTEN
BRIEM,
Plaintiffs,
v.

Case No: 2:18-cv-301-FtM-99CM

HOLIDAY WATER SPORTS FT
MYERS BEACH, INC. and JACK
LNU,
Defendants.
ORDER
This matter comes before the Court upon review of Plaintiffs’ First Motion to
Extend Time for Service of Corporate Defendant and Temporary Stay of Service as to
Individual Defendant filed on July 24, 2018. Doc. 11. Plaintiffs seek an extension
of thirty (30) days to serve the registered agent for Defendant Holiday Water Sports
Ft. Myers Beach, Inc. (“Holiday Water Sports”) after several failed attempts to effect
service.

Id. at 2-4.

Plaintiffs also seek a stay of their requirement to serve

Defendant Tour Guide Leader “Jack” LNU (“Jack”) because Plaintiffs have been
unable to ascertain his identity. Id. at 2, 4-5. Plaintiffs anticipate they will identify
Jack through initial disclosures or discovery, and thus they request thirty (30) days
after ascertaining Jack’s identity and address to effect service on him. Id. at 1, 4-5.
For good cause shown, the Court will grant the requested extension of thirty (30) days
to serve Holiday Water Sports.

The Court is not inclined, however, to grant

indefinite stays or extensions of time to comply with Plaintiffs’ service requirements.
Therefore, the Court will afford Plaintiffs sixty (60) days to effect service on Jack.
ACCORDINGLY, it is
ORDERED:
Plaintiffs’ First Motion to Extend Time for Service of Corporate Defendant and
Temporary Stay of Service as to Individual Defendant (Doc. 11) is GRANTED in part
and DENIED in part. Plaintiffs shall have up to and including August 31, 2018 to
serve Defendant Holiday Water Sports Ft. Myers Beach, Inc. Plaintiffs shall have
up to and including October 1, 2018 to serve Defendant Tour Guide Leader “Jack”
LNU.
DONE and ORDERED in Fort Myers, Florida on this 1st day of August, 2018.

Copies:
Counsel of record

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