Opinion
Case No. 8:06-cv-22-T-30TGW.
November 16, 2006
ORDER
THIS CAUSE comes before the Court upon Defendants, A-Expert Recovery, Inc., and Kenneth MacKenzie Jr.'s Motion to Dismiss for Insufficiency of Service of Process and Incorporated Memorandum of Law in Support (Dkt. #32), and Plaintiff's Memorandum of Law in Opposition to Defendants, A-Expert Recovery, Inc., and Kenneth MacKenzie Jr.'s Motion to Dismiss (Dkt. #34). The Court, having considered the motion, response, memoranda, exhibits, and being otherwise advised in the premises, finds that Defendant's motion should be denied.
Although Plaintiff did not request an extension from the Court prior to the expiration of 120 days, the Court will construe Plaintiff's response in opposition to Defendant's motion as a request for an extension of time to effectuate service of process upon Defendants, A-Expert Recovery, Inc. and Kenneth MacKenzie, Jr. (together, the "Defendants"). Further, the Court finds that service of process was sufficiently served upon Defendants by Plaintiff on September 22, 2006.
It is therefore ORDERED AND ADJUDGED that:
1. Defendants, A-Expert Recovery, Inc., and Kenneth MacKenzie Jr.'s Motion to Dismiss for Insufficiency of Service of Process and Incorporated Memorandum of Law in Support (Dkt. #32) is DENIED.
2. Defendants shall file a responsive pleading to the complaint within twenty (20) days of the entry of this Order.
DONE and ORDERED.