RED MOUNTAIN BANK NA v. TOP SHELF STORAGE II LLC et al

Filing 24

ORDER Pla shall identify and serve the unknown person or entity in possession of 105 Estes Place within twenty-one (21) days from the date of this order or the court shall strike them as a party. Signed by JUDGE RICHARD SMOAK on 7/7/2010. (sea)

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IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF FLORIDA PANAMA CITY DIVISION RED MOUNTAIN BANK, N.A., Plaintiff, vs. TOP SHELF STORAGE II, LLC, et al., Defendants. _________________________________________/ ORDER Plaintiff shall identify and serve the unknown person or entity in possession of 105 Estes Place within twenty-one (21) days from the date of this order or the court shall strike them as a party. Fed. R. Civ. P. 12(f). Florida substantive law does not permit the use of fictitious names of parties. See Gillam v. Smart, 809 So.2d 538 (Fla. 1st DCA 2002); Grantham v. Blount, Inc., 683 So.2d 538 (Fla. 2d DCA 1966). ORDERED on July 7, 2010. CASE NO. 5:10-cv-104/RS/EMT /S/ Richard Smoak RICHARD SMOAK UNITED STATES DISTRICT JUDGE

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