Broadcast Music, Inc. et al v. Showclubs International, Inc. et al

Filing 16

ORDER re 13 Response, filed by Plaintiffs. Plaintiffs request that the Court grant them until October 31, 2014 to serve Hollywood Showclub through Secretary of State is granted, request to serve individual defendant by publication is denied. ( Action due by 10/31/2014.) Signed by Judge Staci M. Yandle on 09/18/2014. (rlw)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
BROADCAST MUSIC, INC., et al.,
Plaintiffs,
vs.

Case No. 13-cv-0688-SMY-SCW

SHOWCLUBS INTERNATIONAL INC.
d/b/a HOLLYWOOD SHOWCLUB; and
STEPHEN ROMANIK II, individually,
Defendants.

MEMORANDUM AND ORDER
This matter comes before the Court on the Plaintiffs’ response to the Order to Show
Cause issued by this Court on September 4, 2014. Plaintiffs filed their complaint on July 17,
2013 but failed to obtain service according to the time set forth in Federal Rule of Civil
Procedure 4(m). Plaintiffs responded with affidavits of due diligence and stated they now have
sufficient evidence that the Defendants have been deliberately evading service of process.
Plaintiffs request sufficient time to effect service on Hollywood Showclub through the Secretary
of State and move the Court to allow service on Stephen Romanik II, individually, by
publication.
The Federal Rules of Civil Procedure allow courts to extend the time limit for service
where the plaintiff shows good cause for the failure to serve within 120 days. FRCP 4(m). Rule
4(e), however, provides that an individual “may be served in a judicial district of the United
States by: (1) following state law for serving a summons in an action brought in courts of general
jurisdiction in the state where the district court is located or where service is made; or (2) doing
any of the following: (A) delivering a copy of the summons and of the complaint to the

individual personally, (B) leaving a copy of each at the individual’s dwelling or usual place of
abode with someone of suitable age and discretion who resides there, or (C) delivering a copy of
each to an agent authorized by appointment or by law to receive service of process.” Illinois
likewise requires personal service on an individual. 735 ILCS 5/2-203.
Plaintiffs have failed to cite to any law that would allow this Court to grant leave to serve
an individual by publication. Their request to serve Romanik by publication is therefore
DENIED. However, due diligence and good cause being shown, Plaintiffs’ request that the
Court grant them until October 31, 2014 to serve Defendant Hollywood Showclub through the
Illinois Secretary of State is GRANTED.

IT IS SO ORDERED.
DATED: September 18, 2014
s/ Staci M. Yandle
STACI M. YANDLE
DISTRICT JUDGE

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