Orso v. Cook

Filing 11

ORDER granting 10 Plaintiff's Motion for Appointment of Process Server. Signed by Magistrate Judge Julie S. Sneed on November 19, 2021. (AKA)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
MATTHEW E. ORSO,
Plaintiff,
v.

Case No: 8:21-mc-117-TPB-JSS

SCOTT COOK,
Defendant.
___________________________________/
ORDER
THIS MATTER is before the Court on Plaintiff’s Motion for Appointment of
Process Server (“Motion”). (Dkt. 10.) Plaintiff moves the Court pursuant to Federal
Rule of Civil Procedure 4.1 to specially appoint 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.
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 . . . 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 of Civil
Procedure have the “force and effect” of a federal statute. See Sibbach v. Wilson & Co.,
312 U.S. 1, 13 (1941). In turn, the Federal Rules of Civil Procedure permit the
appointment of a special process server to deliver a writ of garnishment like the writs
at issue here. See Fed. R. Civ. P. 4.1 (“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. 6:18-cv-40-ORL-28GJK, 2019 WL 6716193, at *1 (M.D. Fla. Dec. 9, 2019)
(appointing special process server to serve writ of garnishment); Francois v. Washmonbo,
Inc., No. 05-23368-civ, 2008 WL 2694752, at *2 (S.D. Fla. July 8, 2008) (same).
Accordingly, it is ORDERED:
1. Plaintiff’s Motion for Appointment of Process Server (Dkt. 10) is
GRANTED.
2. The Court hereby appoints 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 November 19, 2021.

Copies furnished to:
Counsel of Record

-2-