Opinion
Case No. 2:11-cv-19-FtM-29SPC.
June 1, 2011
ORDER
This matter comes before the Court on Third-Party Plaintiff NCH's Unopposed Motion for Extension of Time to Serve Summons (Doc. #45) filed on May 26, 2011. NCH requests additional time to serve its Third-Party Complaint on Third-Party Defendant AXSA Document Solutions, Inc. NCH also requests that the Clerk of Court issue an Alias Summons directed to AXSA. While it is unclear from the language used in NCH's Motion, it appears that it is requesting that the Court hire a private process server to properly effectuate service of process upon Robert P. McDermott, as the Registered Agent for AXSA. (Doc. #45, ¶ 13). If this request is being made of the Court, it is due to be denied. NCH is responsible for hiring a private process server to effect proper service of the Alias Summons.
Accordingly, it is now
ORDERED:
(1) Third-Party Plaintiff NCH's Unopposed Motion for Extension of Time to Serve Summons (Doc. #45) is GRANTED in part.
(2) NCH shall have up to and including July 29, 2011 to serve a Pluries/Alias Summons upon Third-Party Defendant AXSA.
(3) The Clerk of Court is directed to issue an Alias Summons as to AXSA Document Solutions, Inc., Robert P. McDermott, as Registered Agent.
(4) NCH's request that the Court hire a private process server to properly effectuate service of process on AXSA is DENIED. DONE AND ORDERED at Fort Myers, Florida, this 31st day of May, 2011.