MCGLYNN
v.
EL SOL MEDIA NETWORK INC
This cause came on for consideration without oral argument on the following motion filed herein: MOTION: PLAINTIFF’S MOTION FOR LEAVE TO FILE FIRST AMENDED COMPLAINT; REQUEST FOR ADDITIONAL TIME TO SERVE DEFENDANT; AND REQUEST FOR CLARIFICATION (Doc. No. 21) FILED: November 9, 2023
THEREON it is ORDERED that the motion is GRANTED. Plaintiff’s request for leave to file an amended complaint is GRANTED, and it is ORDERED that Plaintiff shall file the proposed amended complaint (Doc. No. 21-1) as a separate docket entry on or before November 28, 2023. Plaintiff's request for an extension of time to serve Defendant is GRANTED, and it is ORDERED that Plaintiff shall file proof of service of the amended complaint on Defendant within forty-five (45) days of the filing of the amended complaint. Plaintiff's request for clarification is GRANTED. The Court will apply the versions of the Florida Statutes governing service that were in effect at the time that Plaintiff's copyright cause of action accrued. See, e.g., Reimer v. Highland Health Direct, LLC, No. 23-CV-60237, 2023 WL 6973539, at *2 (S.D. Fla. Sept. 11, 2023) (collecting authority for proposition that “Under Florida law, the statute in effect when a cause of action accrues determines the applicable version of a statute. . . . This holds true for Florida’s service of process statutes.” (citations omitted)); see also Felton v. Winter Park Police Dep’t, No. 6:22-cv-898-RBD-DAB, 2022 WL 8216907, at *3 n.4 (M.D. Fla. Aug. 2, 2022), report and recommendation adopted, 2022 WL 4396375 (M.D. Fla. Sept. 23, 2022). DONE and ORDERED in Orlando, Florida on November 21, 2023.
LESLIE NOFFMAN PRICE
UNITED STATES MAGISTRATE JUDGE
Copies furnished to: Counsel of Record
Unrepresented Parties
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McGlynn v. El Sol Media Network Inc, 2022 WL 8216907 (M.D. Fla. 2023)…. . This holds true for Florida’s service of process statutes.” (citations omitted)); see also Felton v. Winter Park Police Dep’t, No. 6:22-cv-898-RBD-DAB, 2022 WL 8216907, at *3 n.4 (M.D. Fla. Aug. 2, 2022), report and recommendation adopted, 2022 WL 4396375 (M.D. Fla. Sept. 23, 2022). DONE and ORDERED in Orlando, Florida on November 21, 2023. LESLIE NOFFMAN PRICE UNITED STATES MAGISTRATE JUDGE Copies furnished to: Counsel of Record -2- Unrepresented Parties…1 / 2
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Purple Innovation, LLC v. Waykar, Inc. (M.D. Fla. 2025)…orized Cai to accept service on their behalf. 19 ---PAGE 20--- Case 8:25-cv-00266-CEH-SPF Document 55 Filed 08/29/25 Page 20 of 33 PageID 1543 The cases on which Purple relies are inapposite. In Felton v. Winter Park Police Dep't, No. 6:22-cv-898, 2022 WL 8216907, *2 (M.D. Fla. Aug. 2, 2022), the defendant provided no documentation in support of her conclusory claim that the individual was not authorized to accept service on her behalf, such as an affidavit by the defendant or the individual who was served;…
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Hoffman v. Jimenez (M.D. Fla. 2025)…--PAGE 5--- Because Hoffman has not followed the service requirements of Florida law or the Federal Rules of Civil Procedure, the Court must grant Defendants' motion to quash.⁴ See, e.g., Felton v. Winter Park Police Dep't, No. 6:22-CV-898- RBD-DAB, 2022 WL 8216907, at *4 (M.D. Fla. Aug. 2, 2022). The only remaining issue is whether Hoffman can cure the deficient service. When service is “insufficient but curable,” courts “generally should quash the service and give the plaintiff an opportunity to re-serve th…
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- McGlynn v. El Sol Media Network Inc, 2022 WL 8216907 (M.D. Fla. 2023)