Federal Trade Commission v. Romero
ORDER granting 74 Plaintiff's motion for appointment of a special process server. Signed by Magistrate Judge Philip R. Lammens on 11/13/2023. (AR)
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FEDERAL TRADE COMMISSION,
Case No: 5:21-cv-343-BJD-PRL
Before the Court is the Plaintiff Federal Trade Commission’s (“FTC”) motion for
appointment of a process server. (Doc. 74). On August 28, 2023, the Clerk issued a Writ of
Garnishment to Paypal, Inc. (Doc. 68) and on September 25, 2023, the Clerk issued a Writ
of Garnishment to Electronic Merchant Systems. (Doc. 73). The FTC now requests that the
court appoint Black Diamond Process Service to serve the Writs on Defendant Frank
Romero, as well as any future process that requires service on Mr. Romero under Rule 4.1(a).
Pursuant to Rule 4.1(a) of the Federal Rules of Civil Procedure, “[p]rocess—other than
a summons under Rule 4 or a subpoena under Rule 45—must be served by a United States
marshal or deputy marshal or by a person specially appointed for that purpose.” The United
States Marshal has already made three unsuccessful attempts at service. Given the limited
resources and time constraints of the United States Marshal, Plaintiff requests the
appointment of a special process server.
Upon due consideration, the FTC’s motion (Doc. 74) is GRANTED. See Sumner v.
Garner, No. 6:18-CV-40-ORL-28GJK, 2019 WL 6716193, at *2 (M.D. Fla. Dec. 9, 2019)
(granting the request to appoint a special process server to serve a writ of garnishment);
Francois v. Washmonbo, Inc., No. 05-23368-CIV, 2008 WL 2694752, at *2 (S.D. Fla. July 8,
2008) (appointing special process server to serve writ of garnishment). The court appoints any
agent or employee of Black Diamond Process Service, who is otherwise legally permitted to
effectuate service of process, as special process server to serve the Writs of Garnishment on
Frank Romero (Docs. 68, 71), and any future process that requires service on Mr. Romero
under Rule 4.1(a).
DONE and ORDERED in Ocala, Florida on November 13, 2023.
Copies furnished to:
Counsel of Record
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