Health Science Distributors, Co. v. Usher-Sparks et al

Filing 108

ORDER adopting 94 REPORT AND RECOMMENDATION granting, in part 70 MOTION to dismiss Plaintiff's Second Amended Complaint filed by Wellsprings Ltd., Wellsprings Trading Ltd; Objection 101 OVERRULED; Plaintiff's Motion for additional time 80 granted, in part, and plaintiff shall have until 3/25/12 to perfect service; Notice of Supplemental Authority 107 is STRICKEN. Signed by Judge Gregory A. Presnell on 2/23/2012. (TKW)

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UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA ORLANDO DIVISION HEALTH SCIENCE DISTRIBUTORS, CO., -vs- Case No. 6:10-cv-1797-Orl-31KRS ROBERT USHER-SPARKS; TREVOR TAYLOR; WELLSPRINGS TRADING, LTD; WELLSPRINGS LTD; and SARATI INTERNATIONAL, INC., Defendants. ______________________________________ ORDER Upon consideration of the Report and Recommendation of Magistrate Judge Spaulding (Doc. 94), the objections thereto filed by Defendant Wellsprings Trading Ltd. (“Wellsprings”) (Doc. 101), and the Response filed by Plaintiff (Doc. 106), it is ORDERED that the Report and Recommendation of the Magistrate Judge is Confirmed and Adopted as it relates to Wellsprings; and Wellsprings’ Motion to Dismiss for Insufficient Service of Process (Doc. 70) is GRANTED, in part. Wellsprings’ objection to the Report and Recommendation is OVERRULED. Plaintiff’s Motion for additional time (Doc. 80) is GRANTED, in part, and Plaintiff shall have until March 25, 2012 to perfect service on Wellsprings and file proof of service with the Court. Wellsprings’ Notice of Supplemental Authority (Doc. 107) is STRICKEN as an unauthorized pleading. DONE and ORDERED in Chambers, Orlando, Florida on February 23, 2012. Copies furnished to: United States Magistrate Judge Counsel of Record Unrepresented Party -2-

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