BARTRAM LLC v. C B CONTRACTORS LLC

Filing 245

ORDER GRANTING 243 Second MOTION to Extend Time To Perfect Service filed by Third Party Defendant/Fourth Party Plaintiff, LOWRY CONSTRUCTION & FRAMING INC. Deadline to perfect service upon EAST COAST CONSTRUCTION LLC, GALANES CONSTRUCTION INC, ROSE CONSTRUCTION INC, and ZM CONSTRUCTION INC is extended to 9/13/2011. Signed by MAGISTRATE JUDGE GARY R JONES on 5/17/2011. (jws)

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IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF FLORIDA
GAINESVILLE DIVISION
THE BARTRAM, LLC,
Plaintiff,
v.

CASE NO. 1:09-cv-254-SPM-GRJ

C.B. CONTRACTORS, LLC, and
CAMBRIDGE BUILDERS
& CONTRACTORS, LLC,
Defendants.
_____________________________/

C.B. CONTRACTORS, LLC,
Third-Party Plaintiff,
v.
DUFFIELD ALUMINUM d/b/a
DHI ROOFING, at al.,
Third-Party Defendants.
_____________________________/
ORDER
Pending before the Court is Third Party Defendant/Fourth Party Plaintiff Lowry
Construction & Framing, Inc.’s (“Lowry”) Amended Motion For Enlargement Of Time To
Perfect Service Of Process. (Doc. 243.) Lowry requests an additional ninety (90) days
to perfect service of process because it has been unable to locate and serve East
Coast Construction, LLC, Galanes Construction, Inc., Rose Construction, Inc., and ZM
Construction, Inc. (Collectively, the “Fourth Party Defendants”). According to Lowry, it
has been unable to locate the Fourth Party Defendants because most of them are no

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longer in business.
Although service upon entities that are no longer operating seems like a useless
exercise, because Lowry represents that it has made diligent effort to perfect service on
the Fourth Party Defendants, the Court will grant Lowry’s request for a further ninety
(90) day extension. No further extensions, however, will be granted absent exigent
circumstances and a showing of a compelling reason to extend the time to serve
entities which are no longer in business.
Accordingly, upon due consideration, is it ORDERED that:
(1)

Third Party Defendant/Fourth Party Plaintiff Lowry Construction &
Framing, Inc.’s Amended Motion For Enlargement Of Time To Perfect
Service Of Process (Doc. 243) is GRANTED.

(2)

The deadline to perfect service upon East Coast Construction, LLC,
Galanes Construction, Inc., Rose Construction, Inc., and ZM Construction,
Inc. is extended to September 13, 2011.

DONE AND ORDERED this 17th day of May, 2011.

s/Gary R. Jones
GARY R. JONES
United States Magistrate Judge

Case No: 1:09-cv-254-SPM -GRJ