Greater Bay Group, LLC v. The Helion Group AG, LLC et al

Filing 40

ORDER: (1) The Report and Recommendation of the Magistrate Judge 39 is adopted, confirmed, and approved in all respects and is made a part of this Order for all purposes, including appellate review. (2) Bank United's Motion to Quash Se rvice of Process 35 is GRANTED. (3) Defendants Abir Maru, Gaja International and Credit Company Limited D/B/A Credit Corp LTD's Motion to Quash Service of Process 36 is GRANTED. (4) Plaintiff is ordered to SHOW CAUSE, by written response filed within fourteen (14) days from the date of this Order, why this action should not be dismissed, without prejudice, as to all Defendants for failure to serve the Defendants within 90 days after the amended complaint was filed. See Rule 4(m), Fed. R. Civ. P. Failure to file a written response will result in dismissal of this action without further notice of the Court. Signed by Judge Charlene Edwards Honeywell on 9/6/2017. (BGS)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
GREATER BAY GROUP, LLC,
Plaintiff,
v.

Case No: 8:16-cv-2149-T-36TBM

THE HELION GROUP AG, LLC, ABIR
MARU, GAJA INTERNATIONAL, INC.,
CREDIT COMPANY LIMITED,
ANDREW ALBANO, JATINDER SINGH,
MICHAEL K. LAURIE, ZULMA AYALA,
VERNON LAW GROUP, P.A., SMALL
BUSINESS LAW GROUP, LLC and
BANKUNITED, INC.,
Defendants.
/
ORDER
This cause comes before the Court upon the Report and Recommendation filed by
Magistrate Judge Thomas B. McCoun III on August 15, 2017 (Doc. 39). In the Report and
Recommendation, Magistrate Judge McCoun recommends that Bank United’s Motion to Quash
Service of Process (Doc. 35) and Defendants’ Motion to Quash Service of Process (Doc. 36) be
GRANTED. Magistrate Judge McCoun further recommends that Plaintiff be Ordered to show
cause why this action should not be dismissed without prejudice as to all Defendants for failing to
serve the Defendants within 90 days after the amended complaint was filed. All parties were
furnished copies of the Report and Recommendation and were afforded the opportunity to file
objections pursuant to 28 U.S.C. § 636(b)(1). No such objections were filed.
Upon consideration of the Report and Recommendation, and upon this Court's independent
examination of the file, it is determined that the Report and Recommendation should be adopted.
Accordingly, it is now

ORDERED AND ADJUDGED:
(1)

The Report and Recommendation of the Magistrate Judge (Doc. 39) is adopted,
confirmed, and approved in all respects and is made a part of this Order for all
purposes, including appellate review.

(2)

Bank United’s Motion to Quash Service of Process (Doc. 35) is GRANTED.

(3)

Defendants Abir Maru, Gaja International and Credit Company Limited D/B/A
Credit Corp LTD’s Motion to Quash Service of Process (Doc. 36) is GRANTED.

(4)

Plaintiff is ordered to SHOW CAUSE, by written response filed within fourteen
(14) days from the date of this Order, why this action should not be dismissed,
without prejudice, as to all Defendants for failure to serve the Defendants within 90
days after the amended complaint was filed. See Rule 4(m), Fed. R. Civ. P. Failure
to file a written response will result in dismissal of this action without further
notice of the Court.

DONE AND ORDERED at Tampa, Florida on September 6, 2017.

Copies to:
The Honorable Thomas B. McCoun III
Counsel of Record

2