Opinion
6:22-cv-1606-CEM-LHP
04-24-2023
MICHAEL MATERO, Plaintiff, v. DIGITAL INK AMERICAS LLC, Defendant
ORDER
LESLIE HOFFMAN PRICE UNITED STATES MAGISTRATE JUDGE
This cause came on for consideration without oral argument on the following motion filed herein:
MOTION: PLAINTIFF'S SECOND RENEWED MOTION FOR CLERK'S DEFAULT AGAINST DEFENDANT, DIGITAL INK AMERICAS, LLC AND INCORPORATED MEMORANDUM OF LAW OR IN THE ALTERNATIVE MOTION TO EXTEND TIME FOR SERVICE OF COMPLAINT (Doc. No. 22)
FILED: April 17, 2023
THEREON it is ORDERED that the motion is GRANTED in part and DENIED in part.
Before the Court is Plaintiff's fourth motion for Clerk's default against Defendant. Doc. No. 22. Like all of his prior motions, by the present motion, Plaintiff attempts to demonstrate effective service of process on Defendant by serving “Rose Garcia Office Manager” at Defendant's principal address. Compare Doc. No. 22, with Doc. Nos. 14, 16, 19. But once again, Plaintiff fails to demonstrate with citation to any legal authority how service of process on “Rose Garcia Office Manager” was sufficient to effect service on Defendant under governing law. Doc. No. 22. Thus, to the extent Plaintiff once again seeks Clerk's default on this basis, the motion (Doc. No. 22) is DENIED for the same reasons previously set forth by the Court. See Doc. Nos. 17, 20 (and cases cited therein).
Plaintiff alternatively requests a thirty-day extension of time to effect service. Doc. No. 22, at 3, 6-8. Upon consideration, the Court finds this request well taken, for the most part. See Fed.R.Civ.P. 4(m). Thus, the deadline for Plaintiff to effect proper service on Defendant and to file proof thereof, see Doc. No. 12, is extended up to and including May 24, 2023. Failure to file proof of service by that deadline may result in a recommendation that the case be dismissed without prejudice without further notice.
In the motion, Plaintiff makes a specific request for “an additional thirty days to serve the Defendant through substitute service by leaving a copy of the complaint and summons with an employee of the UPS store being used by Defendant's registered agent's address. See § 48.031(6), Fla. Stat.” Doc. No. 22, at 3. However, although the Court will permit an extension of time to effect service, the Court will not approve a specific method for doing so at this time, and counsel for Plaintiff must comply with governing law to effect proper service.
DONE and ORDERED in Orlando, Florida on April 24, 2023.