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Orso v. Disner

United States District Court, Middle District of Florida
Nov 30, 2021
5:21-mc-24-JSM-PRL (M.D. Fla. Nov. 30, 2021)

Opinion

5:21-mc-24-JSM-PRL

11-30-2021

MATTHEW E. ORSO and NATIONWIDE JUDGMENT RECOVERY, INC., as Successor Trustee to Kenneth D. Bell in his capacity as court-appointed Receiver for Rex Venture Group, LLC dba ZeekRewards.com Plaintiffs, v. TODD DISNER, TRUDY GILMOND, TRUDY GILMOND, LLC, JERRY NAPIER, DARREN MILLER, RHONDA GATES, DAVID SORRELLS, GLOBAL INTERNET FORMULA, INC., T. LEMONT SILVER, KAREN SILVER, MICHAEL VAN LEEUWEN, DURANT BROCKETT, DAVID KETTNER, MARY KETTNER, P.A.W.S. CAPITAL MANAGEMENT LLC, LORI JEAN WEBER and ZEEKREWARDS.COM, Defendants.


ORDER

PHILIP R. LAMMENS, UNITED STATES MAGISTRATE JUDGE

Before the court is Plaintiff's motion for appointment of a process server. (Doc. 7). Previously, the court granted Plaintiff's motions for writ of garnishment and the writs of garnishment were issued by the Clerk. (Docs. 5 & 6). Plaintiff now requests that the Court appoint ABC Legal to serve the writs on the garnishees.

Pursuant to Rule 4.1(a) of the Federal Rules of Civil Procedure, “[p]rocess-other than a summons under Rule 4 or a subpoena under Rule 45-must be served by a United States 1 marshal or deputy marshal or by a person specially appointed for that purpose.” Here, Plaintiff requests the appointment of a special process server due to the limited resources and time constraints of the U.S. Marshals Service.

Upon due consideration, Plaintiffs motion (Doc. 7) is GRANTED. See Sumner v. Garner, No. 6:18-CV-40-ORL-28GJK, 2019 WL 6716193, at *2 (M.D. Fla. Dec. 9, 2019) (granting the request to appoint a special process server to serve a writ of garnishment); Francois v. Washmonbo, Inc., No. 05-23368-CIV, 2008 WL 2694752, at *2 (S.D. Fla. July 8, 2008) (appointing special process server to serve writ of garnishment). The court appoints any agent or employee of ABC Legal, who is otherwise legally permitted to effectuate service of process, as special process server to serve the writs of garnishment on the garnishees. 2


Summaries of

Orso v. Disner

United States District Court, Middle District of Florida
Nov 30, 2021
5:21-mc-24-JSM-PRL (M.D. Fla. Nov. 30, 2021)
Case details for

Orso v. Disner

Case Details

Full title:MATTHEW E. ORSO and NATIONWIDE JUDGMENT RECOVERY, INC., as Successor…

Court:United States District Court, Middle District of Florida

Date published: Nov 30, 2021

Citations

5:21-mc-24-JSM-PRL (M.D. Fla. Nov. 30, 2021)