Bell v. Disner et al
ORDER granting 8Plaintiff's motion for appointment of process server. Signed by Magistrate Judge Philip R. Lammens on 9/7/2021. (AR)
Case 5:21-mc-00005-JSM-PRL Document 9 Filed 09/07/21 Page 1 of 2 PageID 60
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
KENNETH D. BELL, in his individual
capacity as court-appointed Receiver for
Rex Venture Group, LLC d/b/a
Case No: 5:21-mc-5-JSM-PRL
TODD DISNER, TRUDY GILMOND,
TRUDY GILMOND, LLC, JERRY
NAPIER, DARREN MILLER,
RHONDA GATES, DAVID
MARKETING, LLC, AARON
ANDREWS, SHARA ANDREWS,
GLOBAL INTERNET FORMULA,
INC., MICHAEL VAN LEEUWEN,
DURANT BROCKETT, DAVID
KETTNER, MARY KETTNER,
P.A.W.S. CAPITAL MANAGEMENT
LLC, LORI JEAN WEBER and JOSUE
Before the court is Plaintiff’s motion for appointment of a process server. (Doc. 8). On
August 26, 2021, the court granted Plaintiff’s motions for writ of garnishment (Docs. 2,4,5)
and the Clerk issued the writs of garnishment on August 13, 2021. (Docs. 6,7). Plaintiff now
requests that the court appoint ABC Legal to serve the writs on the garnishees.
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
Case 5:21-mc-00005-JSM-PRL Document 9 Filed 09/07/21 Page 2 of 2 PageID 61
marshal or deputy marshal or by a person specially appointed for that purpose.” Here,
Plaintiff requests the appointment of a special process server due to the limited resources and
time constraints of the U.S. Marshals Service.
Upon due consideration, Plaintiff’s motion (Doc. 8) 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 ABC Legal, who is otherwise legally permitted to effectuate service
of process, as special process server to serve the writs of garnishment on the garnishees (Docs.
DONE and ORDERED in Ocala, Florida on September 7, 2021.
Copies furnished to:
Counsel of Record
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