Opinion
23-cv-12693
04-09-2024
Thomas L. Ludington United States District Judge
ORDER DENYING PLAINTIFF'S MOTION FOR SUBSTITUTED SERVICE AS MOOT (ECF NO. 29)
Patricia T. Morris United States Magistrate Judge
On January 19, 2024, Plaintiffs Sharon Zlatkin and Peggy Zlatkin filed a Motion for Substituted Service as to Defendants Robert Lee and Justin Ronald Henderson. (ECF No. 29). On January 31, 2024, Shelley McCormick entered a notice of appearance on behalf Defendant Justin Ronald Henderson. (ECF No. 31). On March 5, 2024, Plaintiffs moved for a new summons and an extension of time to serve Robert E. Lee. (ECF No. 39). Plaintiffs purport that Lee's “Commander” contacted them and indicated his willingness to assist Plaintiffs in serving Lee. The Court granted Plaintiffs' motion and gave them an additional 90 days to complete service on Lee. In light of these developments, Plaintiffs Motion for Substituted Service is DENIED, without prejudice, as moot. If Plaintiffs are unable to complete personal service on Lee before the expiration of the newly issued summons, they may file another motion for substituted service.
IT IS SO ORDERED.