O'Neal v. American Shaman Franchise Systems, Inc. et al

Filing 42

ORDER granting 39 motion to determine validity of service. Signed by Judge Kathryn Kimball Mizelle on 2/16/2021. (DMP)

Case 8:20-cv-00936-KKM-AAS Document 42 Filed 02/16/21 Page 1 of 2 PageID 200

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
THOMAS O’NEAL,
Plaintiff,
v.

Case No. 8:20-cv-936-T-KKM-AAS

AMERICAN SHAMAN FRANCHISE
SYSTEMS, INC., et al.,
Defendants.
____________________________________/
ORDER
Plaintiff Thomas O’Neal asks for an order finding that he has properly served
Defendants Brandon Carnes and Katelyn Sigman. (Doc. 39). Under Federal Rule of
Civil Procedure 4(e)(2)(C), a plaintiff may serve an individual by “delivering a copy of
[the summons and the complaint] to an agent authorized by appointment or by law to
receive service of process.” O’Neal’s motion shows that he has acted diligently in his
attempts to serve Carnes and Sigman. Attached to O’Neal’s motion is an affidavit from
his process server, who states that Carnes called the process server from Sigman’s
phone number and gave the process server authorization to serve attorney Shawn
Pickett on behalf of Carnes and Sigman. (Doc. 39-1, ¶¶ 5–6). The process server did
so, and O’Neal filed those executed returns of service on the docket. (Docs. 31, 32).
In the light of these facts, the Court finds that O’Neal properly served Carnes

Case 8:20-cv-00936-KKM-AAS Document 42 Filed 02/16/21 Page 2 of 2 PageID 201

and Sigman. Accordingly, O’Neal’s motion to determine the validity of service (Doc.
39) is GRANTED.
ORDERED in Tampa, Florida, on February 16, 2021.

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