Orso v. Helmuth

Filing 10

ORDER granting 8 Motion for Appointment of a Process Server. Signed by Magistrate Judge Anthony E. Porcelli on 11/19/2021. (JMF)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
MATTHEW ORSO AS SUCCESSOR TRUSTEE
TO KENNETH D. BELL IN HIS CAPACITY
AS COURT-APPOINTED RECEIVER FOR
REX VENTURE GROUP, LLC,
d/b/a ZEEKREWARDS.COM,
Plaintiff,
v.

Case No. 8:21-mc-113-SDM-AEP

STEVEN HELMUTH,
Defendant.
/
ORDER
Pursuant to Federal Rule of Civil Procedure 4.1, Plaintiff Nationwide
Judgment Recovery, LLC, as Assignee of Matthew Orso as Successor Trustee to
Kenneth D. Bell in His Capacity as Court-Appointed Receiver For Rex Venture
Group, LLC, d/b/a ZEEKREWARDS.COM (“Plaintiff”), requests that the Court
specially appoint any employee or agent of ABC Legal, who is otherwise legally
permitted to effectuate service of process under applicable law, to serve the courtordered writs in this matter upon the garnishees (Doc. 8). Federal law governs who
may serve a writ of garnishment. See Fed. R. Civ. P. 69(a)(1) (“The procedure ... in
proceedings supplementary to and in aid of judgment or execution–must accord
with the procedure of the state where the court is located, but a federal statute
governs to the extent it applies.”). The Federal Rules have the force and effect of a

federal statute. See Sibbach v. Wilson & Co., 312 U.S. 1, 13 (1941) (indicating that a
federal rule established within the power delegated to the Supreme Court “has the
force of a federal statute”). Under the Federal Rules, a court may appoint a special
process server to deliver a writ of garnishment like the one at issue here. See Fed.
R. Civ. P. 4.1(a) (“Process—other than a summons under Rule 4 or a subpoena
under Rule 45—must be served by a United States marshal or deputy marshal or by
a person specially appointed for that purpose.”); see also Sumner v. Garner, No. 6:18cv-40-ORL-28GJK, 2019 WL 6716193, at *1 (M.D. Fla. Dec. 9, 2019); Francois v.
Washmonbo, Inc., No. 05-23368-CIV, 2008 WL 2694752, at *2 (S.D. Fla. July 8,
2008). Accordingly, this Court grants the motion (Doc. 8) and authorizes any
employee or agent of ABC Legal, who is otherwise legally permitted to effectuate
service of process under applicable law, to serve the writs of garnishment on the
garnishees in this matter.
DONE AND ORDERED in Tampa, Florida, on this 19th day of November,
2021.

cc: Counsel of Record

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