Opinion
CASE NO. 1:06-cv-00108-MP-AK.
June 12, 2008
ORDER
Previously, this Court entered an order setting a hearing on Thursday, May 1, 2008, at 9:30 a.m, for Defendant, and Mr. Anthony Michael McKnight, president of the Defendant, to show cause why they should not be held in contempt of court for failure to follow previous orders. The Clerk was directed to send notice of the hearing to both parties, with notice for the Defendant going to both of the addresses listed on page 3 of doc. 9 and to the address listed in Doc. 34
The addresses in document 9 were:
By The Planet, Inc., President Registered Agent: Anthony Michael McKnight 5111 NW 13th St., Suite A Gainesville, FL 32609
By The Planet, Inc. President Registered Agent: Anthony Michael McKnight 2260 NW 47th St., Gainesville, FL 32605
And the address in document 34 was:
By The Planet, Inc. Attn. Anthony McKnight — President and Registered Agent 1322 SW 61st Terrace Gainesville, FL 32607.
Later, at doc. 40, the Clerk recorded the fact that the mail to 2260 NW 47th St. was returned undeliverable. Then, at doc. 43, the Clerk recorded the fact that the certified mail to 2260 NW 47th St. was returned unclaimed. The mail sent to 5111 NW 13th St did not generate any error message, and was apparently received by Defendant and Mr. McKnight.
The Court notes the following facts supporting the conclusion that the mail was delivered and received. First, the internal mail logs of the Clerk of Court of the United States District Court indicate that the Order at doc. 35 was sent to the 5111 NW 13th St. address by regular U.S. Mail. Second, the Defendant previously responded to a request for Waiver of Service which had been sent to the 5111 NW 13th St. and 2260 NW 47th St. addresses (see Docs. 9 and 14). Finally, the Florida Dept. of State Division of Corporations website http://www.sunbiz.org lists 5111 NW 13th St. Suite A as the principal place of business for By The Planet, Inc.
The Court therefore sets this matter for a hearing on July 8, 2008, at 2:00 p.m. at the Gainesville Federal Courthouse regarding whether Mr. McKnight and/or his company By The Planet, Inc. shall be held in contempt of court for defiance of prior court orders. The Court directs that the United States Marshal, at government expense, serve the instant order on Mr. McKnight personally. Service should be attempted at the following addresses at least:
5111 NW 13TH STREET, STE A 4300 NW 23RD AVE SUITE 21 GAINESVILLE FL 32609 GAINESVILLE FL 32614 3314 NW 27TH TERR. 2260 NW 47TH ST. GAINESVILLE, FL 32605 GAINESVILLE, FL 32605 1322 SW 61ST TERR. GAINESVILLE, FL 32607 The Marshal shall file a return of service executed for each address to the Clerk's office.