Davis v. McKenzie et al
ORDER directing Plaintiff to provide addresses and Amended Summonses for Shamere McKenzie and Sun Gate Foundation within 60 days. Please see Order for details. Signed by Magistrate Judge Barry S. Seltzer on 9/19/2017. (pb00)
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
CASE NO. 16-62499-CIV-COHN/SELTZER
SHAMERE MCKENZIE, SUN GATE
FOUNDATION, PUBLIC BROADCASTING
SERVICE, HANNAH PERRY,
THIS CAUSE has come before the Court upon the District Court’s Order re: Report
of Magistrate Judge [DE 56] in which the District Court declined to adopt the undersigned’s
recommendation [DE49] that Plaintiff’s claims against Shamere McKenzie and Sun Gate
Foundation be dismissed for failure to timely serve those Defendants in accordance with
Fed. R. Civ. P. 4(m). The District Court re-referred the matter to the undersigned for
disposition of Plaintiff’s claims against Defendants McKenzie and Sun Gate Foundation.
To date, Plaintiff has not successfully served either Defendant. The United States
Marshal Service has returned the summons to McKenzie un-executed [DE 38], as the
address listed on the summons does not exist. Although the Marshal has not yet returned
a proof of service upon Sun Gate Foundation, a review of the docket sheet reveals that the
summons issued to Sun Gate Foundation improperly listed a Virginia Post Office box
number for receipt of service [DE 25]. Accordingly, the undersigned can reasonably
assume that Plaintiff has not yet been successful in serving Sun Gate Foundation.
In accordance with the Order of the District Court, Plaintiff is entitled to additional
time to provide the United States Marshal with proper addresses for Shamere McKenzie
and Sun Gate Foundation so that service of process can be made. Therefore, it is hereby
ORDERED AND ADJUDGED as follows:
Within sixty (60) days from the date of this Order, Plaintiff shall file with the
Clerk of the Court amended summonses addressed to Shamere McKenzie and Sun Gate
Foundation. The Clerk of the Court shall promptly issue the summonses.
Once issued, the United States Marshal Service shall serve the Defendants
with the Summonses and a copy of the Complaint. Proof of service (or an affidavit of nonservice) shall thereafter be filed by the Marshal Service as soon as reasonably practicable.
DONE AND ORDERED in Chambers, Fort Lauderdale, Florida, this 19th day of
Counsel via CM/ECF
United States Marshal Service
and by U.S. Mail to:
Federal Correctional Institute McKean
PO Box 8000
Bradford PA 16701
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