Elawyers Elawyers
Washington| Change

Harris v. Bergen, 6:19-cv-1420-Orl-37DCI. (2019)

Court: District Court, M.D. Florida Number: infdco20191206h72 Visitors: 15
Filed: Dec. 05, 2019
Latest Update: Dec. 05, 2019
Summary: ORDER ROY B. DALTON, JR. , District Judge . Defendant Blake Richard Senters (" Defendant ") moves to quash substitute service of process and to dismiss for failure to timely serve process. (Doc. 20 (" Motion ").) Plaintiff responded (Doc. 23), and United States Magistrate Judge Daniel C. Irick prepared a Report and Recommendation on the Motion. (Doc. 27 (" R&R ").) U.S. Magistrate Judge Irick found that while Plaintiff's attempts at serving Defendant were insufficient to effect service of
More

ORDER

Defendant Blake Richard Senters ("Defendant") moves to quash substitute service of process and to dismiss for failure to timely serve process. (Doc. 20 ("Motion").) Plaintiff responded (Doc. 23), and United States Magistrate Judge Daniel C. Irick prepared a Report and Recommendation on the Motion. (Doc. 27 ("R&R").) U.S. Magistrate Judge Irick found that while Plaintiff's attempts at serving Defendant were insufficient to effect service of process, good cause exists to extend the time period for service for forty-five days. (Id.)

No party objected to the R&R, and the time for doing so has now passed. Absent objections, the Court has examined the R&R only for clear error. See Wiand v. Wells Fargo Bank, N.A., No. 8:12-cv-557-T-27EAJ, 2016 WL 355490, at *1 (M.D. Fla. Jan. 28, 2016); see also Macort v. Prem, Inc., 208 F. App'x 781, 784 (11th Cir. 2006). Finding no such error, the Court concludes that the R&R is due to be adopted in its entirety.

Accordingly, it is ORDERED AND ADJUDGED as follows:

1. United States Magistrate Judge Daniel C. Irick's Report and Recommendation (Doc. 27) is ADOPTED, CONFIRMED, and made a part of this Order.

2. Defendant Blake Richard Senters' Motion to Quash Substitute Service of Process as to Defendant Blake Richard Senters and Motion to Dismiss for Failure to Timely Service Process (Doc. 20) is GRANTED IN PART and DENIED IN PART.

a. The Motion is GRANTED to the extent that service of process upon Defendant Blake Richard Senters is QUASHED. b. In all other respected, the Motion is DENIED.

3. Plaintiff Tammy Harris has until Monday, January 20, 2020 to effect service of process upon Defendant Blake Richard Senters. Failure to do so may result in the dismissal of Mr. Senters from this action.

DONE AND ORDERED.

Source:  Leagle

Can't find what you're looking for?

Post a free question on our public forum.
Ask a Question
Search for lawyers by practice areas.
Find a Lawyer