LANDMARK AMERICAN INSURANCE COMPANY v. NORTH CAPTIVA ISLAND CLUB, INC., 2:16-cv-582-FtM-99CM. (2016)
Court: District Court, M.D. Florida
Number: infdco20161118a83
Visitors: 9
Filed: Nov. 17, 2016
Latest Update: Nov. 17, 2016
Summary: ORDER 1 SHERI POLSTER CHAPPELL , District Judge . This matter comes before the Court on review of Plaintiff Landmark American Insurance Company's Memorandum of Law in Response to this Court's Order to Show Cause (Doc. #25) filed on November 16, 2016. On November 10, 2016, this Court entered an Order to Show Cause, ordering Plaintiff to show cause as to why this case should not be dismissed as to Defendant Jake Shallow (Shallow) for failure to timely serve Shallow. (Doc. #19) In its respo
Summary: ORDER 1 SHERI POLSTER CHAPPELL , District Judge . This matter comes before the Court on review of Plaintiff Landmark American Insurance Company's Memorandum of Law in Response to this Court's Order to Show Cause (Doc. #25) filed on November 16, 2016. On November 10, 2016, this Court entered an Order to Show Cause, ordering Plaintiff to show cause as to why this case should not be dismissed as to Defendant Jake Shallow (Shallow) for failure to timely serve Shallow. (Doc. #19) In its respon..
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ORDER1
SHERI POLSTER CHAPPELL, District Judge.
This matter comes before the Court on review of Plaintiff Landmark American Insurance Company's Memorandum of Law in Response to this Court's Order to Show Cause (Doc. #25) filed on November 16, 2016. On November 10, 2016, this Court entered an Order to Show Cause, ordering Plaintiff to show cause as to why this case should not be dismissed as to Defendant Jake Shallow (Shallow) for failure to timely serve Shallow. (Doc. #19)
In its response, Plaintiff informs the Court that it has been diligently pursuing service of Shallow in Utah and Florida, but to date have been unsuccessful. Plaintiff states that it has not yet determined Shallow's whereabouts but has retained the service of a private investigator in the State of Florida who believes he may have located an address for Shallow in Florida. Accordingly, Plaintiff is in the process of obtaining a summons from the Clerk of Court to attempt service. Plaintiff requests additional time until February 17, 2017 to do so. Plaintiff asserts that such an amount of time is needed because if Shallow cannot be located, Plaintiff will have to apply to the Court for permission to serve him by publication, which must be published once per week for four consecutive weeks. Fla. Stat. § 49.10. The Court finds that Plaintiff has demonstrated good cause for such an extension.
Accordingly, it is now
ORDERED:
(1) Plaintiff's request for an extension of time to effect service of process on Defendant Jake Shallow is GRANTED. Plaintiff shall have up to and including February 17, 2017 to effect service of process on Defendant Jake Shallow.
(2) The Court will take no further action on its Order to Show Cause.
DONE and ORDERED.
FootNotes
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Source: Leagle
