Opinion
6:23-cv-531-PGB-LHP
11-21-2023
DAVID MCGLYNN, Plaintiff, v. EL SOL MEDIA NETWORK INC, 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 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.