CERTUSBANK NA v RCR Davis North LLC
ORDER re 23 MOTION for Extension of Time to File Service of Process by Publication and Motion for Order Approving and Directing Service of Process on Defendant Clark H. Scherer, III by Publication: The Court will order service as the Plaintiff ha s requested once the Plaintiff demonstrates, "either by affidavit or by a verified complaint on file, that a claim exists against the defendant and that he or she is a necessary or proper party to the action." O.C.G.A. § 9-11-4(f)(1)(A). Ordered by U.S. District Judge MARC THOMAS TREADWELL on 12/5/2014. (tlh)
IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
CERTUSBANK NA, as successor by
assignment to Atlantic Southern Bank,
RCR DAVIS NORTH, LLC, et al.,
CIVIL ACTION NO. 5:14-CV-12 (MTT)
Before the Court is the Plaintiff’s consolidated motion for service by publication
and for an extension of time to effectuate service by publication. (Doc. 23). The Court
will order service as the Plaintiff has requested once the Plaintiff demonstrates, “either
by affidavit or by a verified complaint on file, that a claim exists against the defendant …
and that he or she is a necessary or proper party to the action.” O.C.G.A. § 9-114(f)(1)(A).
SO ORDERED, this the 5th day of December, 2014.
S/ Marc T. Treadwell
MARC T. TREADWELL, JUDGE
UNITED STATES DISTRICT COURT
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