Longhini v. OGS Property Holdings, LLC.

Filing 16

ORDER dismissing case without prejudice re 15 Response to 13 Order to show cause. The Clerk is directed to close the case. Signed by Judge Gregory A. Presnell on 10/17/2017. (TKW)

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UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA ORLANDO DIVISION DOUGLAS LONGHINI, Plaintiff, v. Case No: 6:17-cv-1020-Orl-31DCI OGS PROPERTY HOLDINGS, LLC., Defendant. ORDER This matter is before the Court on Plaintiff’s Response (Doc. 15) to the Court’s Order to Show Cause (Doc. 13). The Complaint in this case was filed on June 6, 2017 (Doc. 1) and a summons was issued the next day (Doc. 2). Pursuant to Federal Rule of Civil Procedure 4(m), Plaintiff was required to serve the Defendant by September 5, 2017. Failure to meet this requirement requires the Court to dismiss the action or order that service be made within a specified time if Plaintiff shows good cause for the failure. As grounds for his showing of good cause, Plaintiff cites staffing issues at Plaintiff’s law firm and the effects of Hurricane Irma. However, the interruption caused by Hurricane Irma began on September 7, 2017, after the deadline had already expired (Doc. 15, ¶ 6). And, the staffing problems do not constitute good cause. Indeed, in the past nine months of this calendar year, Mr. Longhini and his counsel have been the subject of 17 orders to show cause or orders directing compliance issued by judges in the Orlando Division of this Court. Accordingly, it is ORDERED that this case is hereby DISMISSED without prejudice. The Clerk is directed to close the case. DONE and ORDERED in Chambers, Orlando, Florida on October 17, 2017. Copies furnished to: Counsel of Record Unrepresented Party -2-

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