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Contract: Other | Florida Southern
Notice of Compliance
CLERK'S NOTICE of Compliance per DE #122 and DE #123 PAPERLESS ORDERS: Mailing to Plaintiff at the address of record copies of DE #122 and DE #123 PAPERLESS ORDERS. (caw)
Order on Motion to Vacate
PAPERLESS ORDER granting 96 Defendant Martin Sher's Motion to Vacate Clerk's Default. The Clerk's Default entered against Defendant Martin Sher at DE 92 is hereby VACATED. The purported service reflected in DE 34 is insufficient to establish proper service of process on Defendant Sher. Under Federal Rule of Civil Procedure 4(e), an individual may be served by personal delivery, by leaving the summons and complaint at the individual's usual place of abode with a qualifying resident, by delivery to an agent authorized to accept service, or by a method authorized by applicable state law. See Fed. R. Civ. P. 4(e); Baker v. Warner/Chappell Music, Inc., 2014 WL 4426169, *3-4 (S.D. Fla. Sept. 9, 2014); Hadden v. University Accounting Servs., LLC, 2020 WL 607112, *1-3 (S.D. Fla. Feb. 7, 2020); Vellar Holdings LLC v. USMPO LLC, 2025 WL 2096966, *2-3 (S.D. Fla. July 25, 2025). Plaintiff shall have until September 30, 2026, to properly serve individual Defendants Martin Sher and Michael Thomas with the operative Third Amended Complaint and summonses in accordance with Federal Rule of Civil Procedure 4 and to file valid proof of such service on the docket. If Plaintiff fails to timely and properly serve either Defendant and file the required proof of service by September 30, 2026, the Court will dismiss the claims against that Defendant without prejudice pursuant to Federal Rule of Civil Procedure 4(m). The Clerk of Court is directed to mail a copy of this Order to Plaintiff at his mailing address of record and file a notice of compliance confirming that the Order has been mailed. Signed by U.S. Magistrate Judge Shaniek Mills Maynard on 9/15/2026. (jrz)
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