GETTEL OCALA, INC.
v.
ALPHA SIGNS GMBH
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Gettel Ocala, Inc. sought an enlargement of time to serve defendant Scott Electric Sign Company, Inc. under Federal Rule of Civil Procedure 4(m). The court granted the motion, extending the service deadline to April 21, 2025, after the plaintiff demonstrated eight unsuccessful service attempts.
The court granted plaintiff's motion for enlargement of time to serve Scott Electric, extending the deadline to April 21, 2025. The court held that it has discretion to extend the time for service under Rule 4(m) even without a showing of good cause.
“the Court has discretion to extend the time for service. See Rule 4(m), Fed.R.Civ.P.; Horenkamp v. Van Winkle and Co., Inc., 402 F. 3d 1129, 1132-33 (11th Cir. 2005) (holding that court may extend the time for service of process under Rule 4(m) even in the absence of a showing of good cause).”
Establishes that courts have discretionary authority to extend service deadlines under Rule 4(m) without requiring a showing of good cause.
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Join FLexlaw to unlock all legal intelligencePlaintiff Gettel Ocala, Inc. filed a complaint against multiple defendants including Scott Electric Sign Company, Inc. The original 90-day service dea…
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This matter is before the Court on Plaintiff's motion for an enlargement of time to serve Defendant Scott Electric Sign Company, Inc. (“Scott Electric”). (Doc. 26). Pursuant to Rule 4(m), Fed.R.Civ.P., service of the summons and complaint must be made within 90 days after filing the complaint—which in this case is February 19, 2025. The Court, however, has discretion to extend the time for service. See Rule 4(m), Fed.R.Civ.P.; Horenkamp v. Van Winkle and Co., Inc., 402 F. 3d 1129, 1132-33 (11th Cir. 2005) (holding that court may extend the time for service of process under Rule 4(m) even in the absence of a showing of good cause).
Plaintiff represents that despite eight attempts, a process server has been unable to serve Scott Electric. Accordingly, Plaintiff sent a Notice of Lawsuit and Request to Waive Service of a Summons to three addresses for Scott Electric-requiring the Waiver of the
Service of Summons form to be returned by February 28, 2025. If Scott Electric does not agree to waive service, Plaintiff will be forced to resume its efforts to effectuate service.
Upon due consideration, Plaintiff's Motion (Doc. 26) is GRANTED. Plaintiff shall serve Defendant Scott Electric Sign Company, Inc. on or before April 21, 2025.
DONE and ORDERED in Ocala, Florida on February 20, 2025.
PHILIP R. LAMMENS United States Magistrate Judge
Copies furnished to: Counsel of Record Unrepresented Parties
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