Orso v. Disner et al

Filing 8

ORDER granting 7 Plaintiff's motion for appointment of special process server. Signed by Magistrate Judge Philip R. Lammens on 1/10/2022. (AR)

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Case 5:21-mc-00025-JSM-PRL Document 8 Filed 01/10/22 Page 1 of 2 PageID 50 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA OCALA DIVISION MATTHEW E. ORSO and NATIONWIDE JUDGMENT RECOVERY, INC., Plaintiffs, v. Case No: 5:21-mc-25-JSM-PRL TODD DISNER, et al. Defendants. ORDER Before the court is Plaintiff’s motion for appointment of a process server. (Doc. 7). On January 4, 2022, the court granted Plaintiff’s motions for writ of garnishment (Doc. 4) and the Clerk issued the writs of garnishment on January 5, 2022. (Docs. 5, 6). 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 marshal or deputy marshal or by a person specially appointed for that purpose.” Therefore, the court grants Plaintiff’s request for the appointment of a special process server. 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). Accordingly, Plaintiff’s motion (Doc. 7) is GRANTED. The court hereby appoints any agent or employee of ABC Legal, who is otherwise legally permitted to effectuate service Case 5:21-mc-00025-JSM-PRL Document 8 Filed 01/10/22 Page 2 of 2 PageID 51 of process, as special process server to serve the writs of garnishment on the garnishees (Docs. 5, 6). DONE and ORDERED in Ocala, Florida on January 10, 2022. Copies furnished to: Counsel of Record Unrepresented Parties -2-

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