BARTRAM LLC v. C B CONTRACTORS LLC

Filing 310

ORDER re 307 Emergency MOTION to Extend Time to Serve Fourth Parties, EAST COAST CONSTRUCTION LLC, GALANES CONSTRUCTION INC, ROSE CONSTRUCTION INC and ZM CONSTRUCTION INC filed by Third Party Defendant/Fourth Party Plaintiff, LOWRY CONSTRUCTION & FRAMING INC is GRANTED. No further extensions of time for completing service will be granted. (Deadline to perfect service by 11/14/2011.). Signed by MAGISTRATE JUDGE GARY R JONES on 9/13/2011. (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, et al.,
Third-Party Defendants.
_____________________________/
ORDER
Pending before the Court is Third Party Defendant/Fourth Party Plaintiff Lowry
Construction & Framing, Inc.’s (“Lowry”) Emergency Second Motion For Enlargement
Of Time To Perfect Service Of Process. (Doc. 307.) Lowry requests an additional sixty
(60) days to perfect service of process on East Coast Construction, LLC, Galanes
Construction, Inc., Rose Construction, Inc., and ZM Construction, Inc. (collectively, the
“Fourth Party Defendants”). Lowry recently changed counsel and Lowry’s new counsel
advises the Court counsel just received a copy of the entire case file on September 9,

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2011 and therefore requires additional time to determine whether all efforts to serve the
fourth party defendants were exhausted by prior counsel.
Accordingly, upon due consideration, it is ORDERED that:
(1)

Third Party Defendant/Fourth Party Plaintiff Lowry Construction &
Framing, Inc.’s Emergency Second Motion For Enlargement Of Time To
Perfect Service Of Process (Doc. 307) 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 November 14, 2011. No further extensions of time for
completing service will be granted.

DONE AND ORDERED this 13th day of September, 2011.

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

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