Bugoni v. Last Name Unknown et al

Filing 11

ORDER granting in part and denying in part 10 MOTION for Continuance and Order Requiring Certified Delivery and Notice to the court regarding order Issued on 3/24/11. Defendants are ORDERED to serve another copy of the motion to dismiss on plaintiff at his correct address, and to certify on the record that it has done so. Signed by Magistrate Judge Norah McCann King on 4/18/11. (rew)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
EASTERN DIVISION

PIERO BUGONI,
Plaintiff,
vs.

Civil Action 2:10-CV-1173
Judge Sargus
Magistrate Judge King

C & M TOWING, INC., et al.,
Defendants.
ORDER
Defendants filed a motion to dismiss for lack of jurisdiction
and for insufficient service of process, Doc. No. 8, to which plaintiff,
who is proceeding without the assistance of counsel, has not responded.
The Court granted plaintiff an additional fourteen (14) days to respond.
Order, Doc. No. 9.

This matter is now before the Court on plaintiff’s

motion for a continuance of his response date and to require defendants
to serve a copy of the motion to dismiss by certified mail.

Doc. No. 10.

In his motion, plaintiff represents that he did not receive a
copy of the motion to dismiss.

The Court notes that the Certificate of

Service reflected on the motion to dismiss contains the wrong zip code
for plaintiff.1
Plaintiff’s motion, Doc. No. 10, is

GRANTED

in

part.

Defendants are ORDERED to serve another copy of the motion to dismiss on
plaintiff at his correct address, and to certify on the record that it
has done so.

However, the Court will not require defendant to serve the

filing by certified mail.

See Fed. R. Civ. P. 5(b)(2)(c).

Plaintiff may have twenty-one (21) days after service of the
motion to file a response to the motion.

Plaintiff is reminded that his

failure to respond may result in the grant of the motion.

1

Plaintiff’s address appears to be 160 W. Camino Real, #191, Boca Raton, FL 33432.

s/Norah McCann King
Norah McCann King
United States Magistrate Judge
April 18, 2011
(Date)

2