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)

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

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