Gettel Ocala, Inc. v. Alpha Signs GMBH

• Court: District Court, M.D. Florida
• Decided: February 20, 2025
• Docket: 5:24-cv-00635
• Status: Unknown

Opinion

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA OCALA DIVISION

GETTEL OCALA, INC. DBA VOLKSWAGEN OF OCALA,

Plaintiff,

v. Case No: 5:22-cv-673-GAP-PRL

ALPHA SIGNS GMBH; SCOTT ELECTRIC SIGN COMPANY, INC.; COLITE INTERNATIONAL, LTD, INC,; VOLKSWAGEN GROUP OF AMERICA, INC.,

Defendants.

ORDER 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. AR PHILIP R. LAMMENS United States Magistrate Judge Copies furnished to: Counsel of Record Unrepresented Parties

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