Filed: Nov. 19, 2019
Latest Update: Nov. 19, 2019
Summary: ORDER GRANTING MOTION AND DIRECTING SERVICE OF PETITION AND BRIEFING SCHEDULE RAYMOND P. MOORE , District Judge . This matter is before the Court on the Unopposed Motion by Petitioner for Order Directing Service of Petition and Briefing Schedule (ECF No. 7) filed pursuant to Fed. R. Civ. P. 81(a)(5). In the motion, Petitioner seeks an order from this Court to permit service of this matter to be effected through service of the petition and of this Order directing a response. In other words,
Summary: ORDER GRANTING MOTION AND DIRECTING SERVICE OF PETITION AND BRIEFING SCHEDULE RAYMOND P. MOORE , District Judge . This matter is before the Court on the Unopposed Motion by Petitioner for Order Directing Service of Petition and Briefing Schedule (ECF No. 7) filed pursuant to Fed. R. Civ. P. 81(a)(5). In the motion, Petitioner seeks an order from this Court to permit service of this matter to be effected through service of the petition and of this Order directing a response. In other words, t..
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ORDER GRANTING MOTION AND DIRECTING SERVICE OF PETITION AND BRIEFING SCHEDULE
RAYMOND P. MOORE, District Judge.
This matter is before the Court on the Unopposed Motion by Petitioner for Order Directing Service of Petition and Briefing Schedule (ECF No. 7) filed pursuant to Fed. R. Civ. P. 81(a)(5). In the motion, Petitioner seeks an order from this Court to permit service of this matter to be effected through service of the petition and of this Order directing a response. In other words, that no summons need be served. In addition, Petitioner proposes a briefing schedule on the outstanding Petition. Respondents, through counsel, do not oppose this method of service or the proposed briefing schedule.
Rule 81 of the Federal Rules of Civil Procedure governs this summary proceeding in which the Drug Enforcement Administration ("DEA") seeks an order directing Respondents to comply with two subpoenas the DEA issued pursuant to the Comprehensive Drug Abuse Prevention and Control Act of 1970. And, under Rule 81(a)(5), the Federal Rules of Civil Procedure apply to this proceeding "except as otherwise provided by statute, by local rule, or by court order in the proceedings." Thus, Rule 81 provides a district court flexibility in its application of the civil rules. See United States v. Elmes, 532 F.3d 1138, 1143-44 (11th Cir. 2008). Accordingly, based on the record, it is
ORDERED that the Unopposed Motion by Petitioner for Order Directing Service of Petition and Briefing Schedule (ECF No. 7) is GRANTED; and it is
FURTHER ORDERED that Petitioner shall serve a copy of this Order, together with the Petition for Expedited Order Enforcing Administrative Subpoenas and the exhibit attached to that Petition, upon Respondents in accordance with the procedures of Federal Rule of Civil Procedure 4, except that pursuant to Rule 81(a)(5), Rule 4 is modified such that no summons is required to be served on any Respondent; and it is
FURTHER ORDERED that Respondents shall file a written response to the Petition on or before December 6, 2019, and Petitioner shall file a written reply on or before December 23, 2019.
