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

Filing 68

ORDER adopting 67 REPORT AND RECOMMENDATION re 62 MOTION to dismiss Second Amended Complaint filed by Robert Usher-Sparks, Trevor Taylor. The motion is DENIED without prejudice. Plaintiff shall have until November 25, 2011, to perfect service on Defendants Robert Usher-Sparks & Trevor Taylor and file proof of such service with the Court. Failure to timely file proof of service on these defendants may result in the case against them being dismissed without further notice. Signed by Judge Gregory A. Presnell on 10/24/2011. Copies mailed.(LAM)

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
This cause comes before the Court on Defendants Robert Usher-Sparks & Trevor
Taylor’s Motion to Dismiss for insufficient service, lack of personal jurisdiction, and for
improper venue (Doc. No. 62) filed July 25, 2011.
On October 3, 2011, the United States Magistrate Judge issued a report (Doc. No.
67) recommending that the motion be denied without prejudice. No objections have been
filed. Therefore, it is ORDERED as follows:
1.

The Report and Recommendation is CONFIRMED and ADOPTED as part

of this Order.
2.

The Motion to Dismiss (Doc. No. 62) is DENIED without prejudice.

Plaintiff shall have until November 25, 2011, to perfect service on Defendants Robert
Usher-Sparks & Trevor Taylor and file proof of such service with the Court. Failure to

timely file proof of service on these defendants may result in the case against them being
dismissed without further notice.
DONE and ORDERED in Chambers, Orlando, Florida on this 24th day of October,
2011.

Copies furnished to:
United States Magistrate Judge
Counsel of Record
Unrepresented Party

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