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M.D. Fla.·
2023-11-13
The court denied the United States' motion for default judgment because service of process was inadequate, as the proof of service only indicated service of the summons and not the complaint.
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M.D. Fla.·
2023-10-25
The court held that the defendants' motions to dismiss were denied, finding that the plaintiffs had plausibly alleged claims for unlawful retaliation under the False Claims Act and breach of the implied covenant of good faith and fair dealing.
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M.D. Fla.·
2023-10-23
The court held that res judicata barred the plaintiffs' claims against Auto Export Shipping, Inc. and Auto Export Shipping Management because the claims were identical to those previously litigated and dismissed with prejudice in state court.
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S.D. Fla.·
2023-08-16
The court denied the plaintiff's request for leave to effectuate substitute service because such leave is not required by statute, but granted a partial extension of time to serve the defendant.
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M.D. Fla.·
2023-08-01
The court granted in part and denied in part the motion for alternative service, allowing it for the LLC but denying it for the individual defendant without prejudice.
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S.D. Fla.·
2023-07-31
The court granted defendants' motions to dismiss by default because the complaint was a shotgun pleading and, as to one defendant, service was insufficient.
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S.D. Fla.·
2023-06-08
The court granted the Plaintiff's motion for default final judgment because the Defendant failed to respond to the complaint, establishing liability and entitlement to damages.
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M.D. Fla.·
2023-04-07
The court granted the plaintiff's motion for an extension of time to serve a foreign corporation.
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S.D. Fla.·
2023-03-27
The court granted the government's motion to dismiss all claims against the United States for lack of jurisdiction and vacated a default against Santilli, ordering Montero to show cause why his fraud claim against Santilli should not be dismissed for failure to serve and failure
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M.D. Fla.·
2023-02-15
The court held that the Relator's False Claims Act claims were properly dismissed due to the FCA's first-to-file rule and failure to meet Rule 9(b)'s heightened pleading standard.
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M.D. Fla.·
2022-12-12
The court granted plaintiffs an extension of time to serve defendants but denied their motion for alternate service methods, finding they failed to comply with statutory requirements.
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M.D. Fla.·
2022-12-07
The court held that the plaintiff's Title VII claims are time-barred due to failure to file within 90 days of receiving the notice of final agency action, and equitable tolling is not warranted. The court also held that Title VII is the exclusive remedy for federal employees alle
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M.D. Fla.·
2022-11-10
The court denied the plaintiff's motion for substitute service but granted a brief extension for service or to file a renewed motion.
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M.D. Fla.·
2022-11-03
The court denied the motion to quash service and dismiss, finding that service was properly effected under Rule 5(b)(2)(C) or that plaintiff's failure to seek default warranted dismissal for failure to prosecute.
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M.D. Fla.·
2022-10-26
The court held that the plaintiff failed to prove effective service of process by failing to produce a signed DOT Form BOC-3.
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M.D. Fla.·
2022-10-24
The court denied defendants' motion to dismiss for insufficient service of process as premature and denied their motion for Rule 11 sanctions due to failure to comply with the safe harbor provision.
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S.D. Fla.·
2022-03-29
The court denied the plaintiff's motion for a third extension of time to serve the defendant.
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S.D. Fla.·
2022-03-21
Millennium Funding, Inc. and other plaintiffs sued Quadranet, LiquidVPN, and others for copyright infringement and related claims. The district court granted Quadranet's motion to dismiss all claims against it and denied plaintiffs' motion for reconsideration, finding that plaint
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M.D. Fla.·
2022-01-25
The court held that the plaintiff's failure to serve the defendant and respond to a show cause order warrants dismissal of the action.
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M.D. Fla.·
2021-12-15
The court held that the plaintiff's failure to serve the defendant within the time prescribed by Federal Rule of Civil Procedure 4(m), without good cause, warranted dismissal of the action without prejudice.
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M.D. Fla.·
2021-11-30
The court held that service of process on the individual defendant was improper and therefore quashed the service.
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M.D. Fla.·
2021-09-10
The court held that Defendant Solton's motion to set aside the clerk's default should be granted because good cause was shown.
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S.D. Fla.·
2021-08-31
The court granted the plaintiff an extension to file a second amended complaint but denied an extension to serve unserved defendants, dismissing them without prejudice.
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M.D. Fla.·
2021-08-27
The court granted the City's motion to dismiss, finding Plaintiff failed to state a claim for municipal liability and due process violations, and dismissed claims against individual officers for failure to serve process.
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M.D. Fla.·
2021-07-19
The court held that the Congenital Heart Futures Reauthorization Act does not create a private cause of action, and the complaint was also subject to dismissal for failure to serve the defendants within 90 days.
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S.D. Fla.·
2021-07-14
The court denied the motion for service by publication under Florida law, finding it inapplicable to in personam claims for monetary damages, but granted an extension for service due to the defendant's fugitive status.
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M.D. Fla.·
2021-06-29
The court held that a plaintiff's persistent failure to effect service of process, respond to court orders, and prosecute the action warrants dismissal, even if the dismissal is technically without prejudice, as it effectively becomes with prejudice due to the expired statute of
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M.D. Fla.·
2021-06-22
The court held that the complaint was a "shotgun pleading" and granted the motions to dismiss on that basis, allowing the plaintiff an opportunity to amend.
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M.D. Fla.·
2021-06-10
The court granted Blue Martini's motion to dismiss because the complaint was a shotgun pleading, and denied motions by other defendants for failure to comply with local rules.
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M.D. Fla.·
2021-06-01
The court held that the claim against Mallard was time-barred and dismissed it with prejudice, and dismissed claims against Havenner and the remaining defendants without prejudice due to service and compliance issues.
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M.D. Fla.·
2021-01-27
The court adopted the Magistrate Judge's report and recommendation, denying the plaintiff's application to proceed in forma pauperis and certifying that the appeal was not taken in good faith.
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M.D. Fla.·
2020-09-09
The court denied the plaintiff's motions for an extension of time to serve and for an alternative method of service, finding no good cause and a lack of diligent effort to comply with the Hague Convention.
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M.D. Fla.·
2020-07-08
The court held that it has discretion to extend the time for service of process under Rule 4(m) even without a showing of good cause, particularly when a statute of limitations would bar the refiled action.
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S.D. Fla.·
2020-03-13
The court denied the plaintiff's renewed motion for service by publication and dismissed the case.
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M.D. Fla.·
2020-02-03
The court held that the plaintiff failed to show good cause for the untimely service of process, and therefore, the complaint must be dismissed without prejudice.
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S.D. Fla.·
2020-01-27
The court held that the plaintiff failed to show good cause for extending the service deadline, and thus the case was dismissed without prejudice for failure to serve.
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809 F. Supp. 2d 636·
S.D. Fla.·
2013-06-21
The court held that the plaintiff's securities fraud claims were time-barred because a reasonably diligent plaintiff would have discovered the facts constituting the violation more than two years before the lawsuit was filed.
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816 F. Supp. 2d 1265·
S.D. Fla.·
2011-09-16
The court held that the state defendants' motions to dismiss should be granted in part, finding insufficient service for some claims, failure to comply with sovereign immunity notice requirements, and entitlement to qualified immunity for federal claims against Officer Reynolds.
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233 F.R.D. 282·
S.D. Fla.·
2010-06-21