Clements v. Jace et al

Filing 14

ORDER adopting 11 Report and Recommendation of the Magistrate Judge. (1) The Report and Recommendation of the Magistrate Judge is adopted, confirmed, and approved in all respects and is made a part of this Order for all purposes, including ap pellate review. (2) Defendants' Verified Motion to Quash Alleged Service of Process and Incorporated Memorandum of Law 10 is GRANTED. (3) Plaintiff's purported service of process on Defendants through the Florida Secretary of State is quashed. (4) Plaintiff shall have up to and including May 22, 2017 to effect service on the Defendants in accordance with Rule 4, Federal Rules of Civil Procedure. Failure to effect service may result in dismissal of this case as to said Defendant(s) without further notice from the Court. Signed by Judge Charlene Edwards Honeywell on 4/21/2017. (BGS)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
DEANNA CLEMENTS,
Plaintiff,
v.

Case No: 8:17-cv-316-T-36MAP

RICKIE JACE and STEVAN FIGUEROA,
Defendants.
/
ORDER
This cause comes before the Court upon the Report and Recommendation filed by
Magistrate Judge Mark A. Pizzo on April 10, 2017 (Doc. 11). In the Report and Recommendation,
Magistrate Judge Pizzo recommends that the Court grant Defendants’ motion to quash (doc. 10),
quash Plaintiff’s service of process, and give Plaintiff an opportunity to perfect service of process
on Defendants. 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). Plaintiff filed a
Notice of Acceptance of Magistrate Judge Mark A. Pizzo’s Report and Recommendation
Concerning Defendants’ Motion to Quash Service (Doc. 13).
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. 11) is adopted,
confirmed, and approved in all respects and is made a part of this Order for all
purposes, including appellate review.

(2)

Defendants’ Verified Motion to Quash Alleged Service of Process and Incorporated
Memorandum of Law (Doc. 10) is GRANTED.

(3)

Plaintiff’s purported service of process on Defendants through the Florida Secretary
of State is quashed.

(4)

Plaintiff shall have up to and including May 22, 2017 to effect service on the
Defendants in accordance with Rule 4, Federal Rules of Civil Procedure. Failure
to effect service may result in dismissal of this case as to said Defendant(s) without
further notice from the Court.

DONE AND ORDERED at Tampa, Florida on April 21, 2017.

Copies to:
The Honorable Mark A. Pizzo
Counsel of Record

2