Wells Fargo Bank, N.A. v. Flaskey et al

Filing 24

ORDER granting [Doc. 21] Plaintiff's motion for an extension of time to serve process on Defendant John W. Dixon. Signed by Magistrate Judge Philip R. Lammens on 7/18/2012. (AR)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
OCALA DIVISION
WELLS FARGO BANK, N.A.,
Plaintiff,
v.

Case No: 5:12-CV-183-Oc-32PRL

MICHAEL FLASKEY, GLEN E.
FUTRELL, JOHN W. DIXON,
UNKNOWN PARTY/PARTIES IN
POSSESSION, THE STATE OF
FLORIDA, PINE ISLAND COMMUNITY
DEVELOPMENT DISTRICT and
BELLA COLLINA PROPERTY
OWNERS ASSOCIATION,
INCORPORATED
Defendants.

ORDER
This cause is before the Court on Plaintiff Wells Fargo Bank, N.A.’s motion for an
extension of time to serve process on Defendant John W. Dixon. (Doc. 21). On March
30, 2012, Plaintiff filed its Complaint (Doc. 1) and summonses were issued. (Doc. 3).
Pursuant to Rule 4(m), Fed.R.Civ.P., service of the summons and complaint must be
made within 120 days after filing the complaint. However, the Court has discretion to
extend the time for service. See Fed.R.Civ.P.4(m); Horenkamp v. Van Winkle and Co.,
Inc., 402 F.3d 1129, 1132-33 (11th Cir. 2005)(holding that court may extend the time for
service of process under Rule 4(m) even in the absence of a showing of good cause).
Plaintiff represents that despite diligent efforts, it has been unable to serve
Defendant, John W. Dixon. Accordingly, Plaintiff seeks a 60-day extension of time to
effect service of process.

Upon due consideration, Plaintiff’s motion (Doc. 21) is

GRANTED. Plaintiff shall serve Defendant, John W. Dixon on or before September 18,
2012.
DONE and ORDERED in Ocala, Florida on July 18, 2012.

Copies furnished to:
Counsel of Record
Unrepresented Parties

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