Bicycle Peddler, LLC v. Doe 35

Filing 17

ORDER granting in part and denying in part 16 Motion to extend time to amend complaint and serve defendant. Signed by Magistrate Judge Thomas B. Smith on 10/31/2013. (Smith, Thomas)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION
BICYCLE PEDDLER, LLC,
Plaintiff,
v.

Case No. 6:13-cv-595-ORL-37TBS

DOE 35,
Defendant.
_____________________________________/
ORDER
Pending before the Court is Plaintiff’s Motion for Extension of Time to Serve
Defendant (Doc. 16).
Plaintiff filed this lawsuit on April 11, 2013, alleging copyright infringement and
contributory copyright infringement under the United States Copyright Act of 1976, as
amended. (Doc. 1). Because the identity of the Defendant was unknown, the Court
granted Plaintiff leave to take discovery in advance of the case management
conference required by Fed. R. Civ. P. 26(f) and M.D. Fla. 305(c)(2)(B). (Docs. 2, 8).
Plaintiff discovered the identity of Defendant on August 9, 2013. (Doc. 16, ¶ 4). Since
that time, Plaintiff has been in communication with Defendant and its counsel. (Id., ¶¶
5-10). Settlement dialogue was delayed while Defendant’s lawyer was out on
maternity leave. (Id., ¶¶ 7-8). Now, Defendant is reportedly in the process of
determining whether there is insurance coverage for Plaintiff’s claim. (Id., ¶¶ 10-11).
Plaintiff is requesting an enlargement of time until January 31, 2014 to amend its
complaint and serve Defendant in hopes that the case will be resolved before that is

necessary. (Id., ¶ 11). Today is the current deadline for Plaintiff to serve Defendant.
(Doc. 15).
The Court appreciates the parties’ efforts to settle and avoid litigation expense
and the use of judicial resources. It also appreciates that Defendant may be desirous
of anonymity. But, if the motion is granted then it is conceivable that this case will
surpass the 9 month mark without the Defendant having been served and having
appeared. The Federal Rules of Civil Procedure are intended to be construed and
administered to obtain “the just, speedy and inexpensive determination of every action
and proceeding. FED. R. CIV. P. 1. The Local Rules for the Middle District of Florida
clearly state the Court’s goal to try all Track Two Cases within two years after the filing
of the complaint and that most such cases will be tried within one year after the
complaint is filed. M.D. Fla. 3.05(c)(2)(E). The parties have had more than enough
time to settle this dispute quietly and without litigation expense. The time has come
for the Court to begin moving this matter to conclusion. Accordingly, the motion is
GRANTED such that Plaintiff has 14 days from the rendition of this Order within to file
its amended complaint and serve the Defendant. In all other respects, the motion is
DENIED.
DONE AND ORDERED in Orlando, Florida, on October 31, 2013.

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