Opinion
2:24-cv-415-JLB-NPM
07-25-2024
ALONSO ESCOBAR CHACON, JOSE HERNAN CHACON, RONALD ARON CHACON MEJIA, JASSON ANTONIO RUIZ, CARLOS CHACON MEJIA, and GERVIN CHACON MEJIA, Plaintiffs, v. SW FLORIDA SERVICES, INC., and VITTORIO BONANNO, Defendants.
ORDER
NICHOLAS P. MIZELL UNITED STATES MAGISTRATE JUDGE
In this FLSA action for unpaid wages, plaintiffs attempted to serve defendants Vittorio Bonanno and SW Florida Services, Inc. but were unsuccessful. (Docs. 78). Thereafter, plaintiffs endeavored to serve defendants again-even conducting a skip trace-but their efforts still fell short. (Docs. 9-10). So plaintiffs seek sixty additional days to serve Bonanno and SW Florida Services, Inc., and request leave to conduct pre-service discovery. (Doc. 11).
Bonanno is the registered agent for SW Florida Services, Inc. (Doc. 11 at 2).
Plaintiffs' motion is (Doc. 11) is granted. Plaintiffs have sixty days from the date of this order to effect service of process upon defendants or obtain waivers.
Plaintiffs are reminded that if service cannot be made upon SW Florida Services, Inc.'s registered agent, process may be served upon the Secretary of State. See Fla. Stat. § 48.081(4). If Bonanno refuses to waive and continues to evade service, then the court may have to tax him for all expenses incurred by plaintiffs in their effort to effect service. Plaintiffs' counsel is directed to send a copy of this order to Bonanno via text message, email, and any other address. Finally, plaintiffs are granted leave to conduct pre-service discovery, such as non-party subpoenas to Bonanno's cellphone carrier, to identify Bonanno's whereabouts.