Supafly Entertainment Inc. v. IM Music, Inc. et al

Filing 34

Final Order of Dismissal without Prejudice as to Defendant Margo Simms. Signed by Judge William J. Zloch on 9/10/2008. (bc)

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO. 08-60440-CIV-ZLOCH SUPAFLY ENTERTAINMENT, INC., d/b/a SUPAFLY MUSIC, INC., Plaintiff, vs. IM MUSIC, INC., LONDELL SMITH, and MARGO SIMMS, Defendants. / THIS MATTER is before the Court sua sponte. The Court has FINAL ORDER OF DISMISSAL

carefully reviewed the entire court file and is otherwise fully advised in the premises. Plaintiff Complaint on initiated March 27, this 2008. action with the the filing course of of its this

Through

litigation, it has secured Judgments against Defendants IM Music, Inc. and Londell Smith. However, it has failed to effect service

of process on Defendant Margo Simms. The Court previously extended the 120 day time line that governs service of process and gave Plaintiff leave to seek discovery as to Simms whereabouts. In

doing so, the Court ordered Plaintiff to serve Simms by noon on September 5, 2008. served. Plaintiff represents that it has made numerous attempts to serve Simms and conducted discovery on Simms' whereabouts. those efforts have not been fruitful. But As of the Court's deadline, Simms has not been

It also claims that Simms'

co-defendants

have

refused

to

answer

its

interrogatories

and

deposition questions as to Simms whereabouts.

However, Plaintiff

has not filed a motion to compel or otherwise sought use of the Court's power to compel the co-defendants to provide answers to its discovery. Therefore, the Court finds no reason to further extend

the deadline for serving Simms in this matter and will dismiss this action without prejudice for Plaintiff's failure to comply with Rule 4(m). Accordingly, after due consideration, it is ORDERED AND ADJUDGED as follows: 1. Pursuant to Federal Rule of Civil Procedure 4(m), the above-styled cause be and the same is hereby DISMISSED, without prejudice, as to Defendant Margo Simms; and 2. To the extent not otherwise disposed of herein, all

pending motions are hereby DENIED as moot. DONE AND ORDERED in Chambers at Fort Lauderdale, Broward County, Florida, this 10th day of September, 2008.

WILLIAM J. ZLOCH United States District Judge Copies furnished to: All Counsel of Record

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