Bicycle Peddler, LLC v. Doe 39
Filing
13
ORDER granting 12 Motion to extend time to serve Defendant. Signed by Magistrate Judge Thomas B. Smith on 8/9/2013. (Smith, Thomas)
Bicycle Peddler, LLC v. Doe 39
Doc. 13
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION
BICYCLE PEDDLER, LLC,
Plaintiff,
v.
Case No. 6:13-cv-594-ORL-37TBS
DOE 39,
Defendant.
_____________________________________/
ORDER
Pending before the Court is Plaintiff’s Motion for Extension of Time to Serve
Defendant (Doc. 12). Plaintiff seeks an enlargement of time to serve Defendant while
the parties engage in settlement discussions (Id.).
Federal Rule of Civil Procedure 4(m) permits an extension of time for service of
process if the Plaintiff shows good cause. Here, the delay in service of process does
not result from any outside factor, beyond Plaintiff’s control. Instead, Plaintiff has
made a decision not to serve Defendant while the parties negotiate. Plaintiff does not
cite any legal authority holding that this circumstance constitutes good cause. The
Court has read the Advisory Committee Notes to Rule 4(m) and does not find anything
suggesting Plaintiff has stated a valid ground to enlarge the time for service of
process. Still, the Court has discretion, even in the absence of good cause, to extend
the time. Horenkamp v. Van Winkle and Co., Inc., 402 F.3d 1129, 1132 (11th Cir.
2005) (citing Henderson v. United States, 517 U.S. 654, 116 S.Ct. 1638, 134 L.Ed.2d
880 (1996)).
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Experience teaches that settlement negotiations may be upset by actions and
events that are both consequential and inconsequential, everything depends upon the
motives and what is in the minds of the actors. The Court has no reason to believe
the parties are not negotiating in good faith or that Plaintiff has filed this motion for any
improper purpose. Accordingly, Plaintiff’s motion is GRANTED. Plaintiff has through
August 30, 2013 within to serve Defendant.
IT IS SO ORDERED.
DONE AND ORDERED in Orlando, Florida, on August 9, 2013.
Copies to all Counsel
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