COHAN v. MARINER MOTEL & APARTMENTS, 2:14-cv-372-FtM-38DNF. (2014)
Court: District Court, M.D. Florida
Number: infdco20140925a72
Visitors: 13
Filed: Sep. 23, 2014
Latest Update: Sep. 23, 2014
Summary: ORDER 1 SHERI POLSTER CHAPPELL, District Judge. This matter comes before the Court on Motion to Dismiss or to Quash (Doc. #12) filed on September 2, 2014. Although given the opportunity, Plaintiff has not filed a response and the time to do so has expired. This matter is now ripe for review. Defendant filed this two page simple motion requesting that this case be dismissed or the service on Defendant be quashed. Defendant has not provided the relative summons, case law, or enough to grant i
Summary: ORDER 1 SHERI POLSTER CHAPPELL, District Judge. This matter comes before the Court on Motion to Dismiss or to Quash (Doc. #12) filed on September 2, 2014. Although given the opportunity, Plaintiff has not filed a response and the time to do so has expired. This matter is now ripe for review. Defendant filed this two page simple motion requesting that this case be dismissed or the service on Defendant be quashed. Defendant has not provided the relative summons, case law, or enough to grant it..
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ORDER1
SHERI POLSTER CHAPPELL, District Judge.
This matter comes before the Court on Motion to Dismiss or to Quash (Doc. #12) filed on September 2, 2014. Although given the opportunity, Plaintiff has not filed a response and the time to do so has expired. This matter is now ripe for review.
Defendant filed this two page simple motion requesting that this case be dismissed or the service on Defendant be quashed. Defendant has not provided the relative summons, case law, or enough to grant its request.2 Plaintiff has not filed his return of service on the docket and Plaintiff's deadline to do so has not expired. See generally Fed. R. Civ. P. 4(m). Thus, even if Plaintiff's service to Defendant was defective, Plaintiff has time to cure the deficiency prior to his 120 day deadline. For these reasons, the Court finds the motion is due to be denied.
Accordingly, it is now
ORDERED:
Motion to Dismiss or to Quash (Doc. #12) is DENIED.
DONE and ORDERED.
FootNotes
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2. Defendant's motion does not comply with Local Rule 3.01(a) in that the motion does not contain "a memorandum of legal authority in support of the request." M.D. Fla. Local Rule 3.01(a).
Source: Leagle
