Fatebena v. HVM, L.L.C. et al

Filing 28

ORDER taking under advisement 26 Motion for Service by Publication; denying 27 Motion to Request Forms for Service of Process ; granting 25 Motion to Enter Amended Complaint. Signed by Magistrate Judge Thomas E. Morris on 10/18/2013. (MLG)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
JACKSONVILLE DIVISION
GLEN PAUL FATEBENA,
Plaintiff,
vs.

CASE NO. 3:13-cv-431-J-99TJC-TEM

HVM, LLC, et al.,
Defendants.

ORDER
This matter is before the Court on a number of Plaintiff’s recently filed motions (see
Docs. #25, #26, #27). Upon review of the motions, it is hereby ORDERED:
1.

Plaintiff’s Motion to Enter Amended Complaint and Add New Defendants to

the Case (Doc. #25) is GRANTED. The Clerk is directed to file the proposed amended
complaint, which may be found under docket entry 25-1. Upon review of the amended
complaint, however, the Court believes Plaintiff is no longer able to proceed in federal court
as diversity of citizenship has been destroyed. See 28 U.S.C. § 1332. Plaintiff is reminded
that he alleged diversity jurisdiction as his basis for filing suit in this Court (thus, the court
would not have jurisdiction if any Florida defendants are named or are required to be joined
as party defendants) (see Doc. #24) . In an abundance of caution, the Court will provide
Plaintiff an opportunity to state why the Court should not dismiss his case for lack of subject
matter jurisdiction.
2.

Plaintiff’s Motion for Service of Process by U.S. Marshals Service (Doc. #26)

is taken under advisement pending Plaintiff’s response to the Court’s Order to Show
Cause, which shall issue immediately after entry of this Order. If necessary, the Court will
address provision of the forms Plaintiff may need to effect service of process in this action

in its ruling on this motion.
3.

Plaintiff’s Motion to Request Forms for Service of Process U.S. Marshals

(Doc. #27) is DENIED. If necessary, the Court will address this matter in its ruling on the
Motion for Service of Process by U.S. Marshals Service.
DONE AND ORDERED at Jacksonville, Florida this 18th day of October, 2013.

Copies to all counsel of record, and
Mr. Glen Fatebena, pro se litigant

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