Case 1:12-cv-23300-UU Document 12 Entered on FLSD Docket 11/21/2012 Page 1 of 2

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA Case No. 12-cv-23300-UU PATRICE BAKER, an individual, and LAURENT LAMOTHE, an individual, Plaintiffs, v. HAITI-OBSERVATEUR GROUP, an unknown business entity, and LEO JOSEPH, an individual Defendants. / ORDER ON MOTION THIS CAUSE is before the Court upon Plaintiffs Motion for Extension of Time [D.E. 11] THE COURT has considered the Motion, the pertinent portions of the record, and is otherwise fully advised in the premises. In the instant Motion, Plaintiffs seek a 20-day extension in the deadline for filing the Joint Planning and Scheduling Report. [D.E. 11]. Plaintiffs deadline for filing the Joint Planning and Scheduling Report was November 16, 2012. [D.E. 5]. The Order Setting Initial Planning and Scheduling Conference also states, in bold print: Notwithstanding the provisions of Federal Rule of Civil Procedure 4, the Plaintiff is ordered to serve and file returns of service on all Defendants promptly and at least no later than 14 days prior to the Planning and Schedule Conference. In the event any Defendant remains unserved by that date, Plaintiff must include in the Joint Planning and Scheduling Report a detailed explanation sufficient to show good cause for the failure to effect service. If Plaintiff fails to provide a sufficient explanation, the unserved Defendant will be dismissed from the action without further notice. [Id. at 2] In the instant Motion, Plaintiffs represent that they have not been able to locate a valid address for Defendants, and therefore effect service. [D.E. 11] According to Plaintiffs Amended

Case 1:12-cv-23300-UU Document 12 Entered on FLSD Docket 11/21/2012 Page 2 of 2

Complaint, Defendant Haiti-Observateur Group (HOG) is an unknown business entity, responsible for a website that is maintained in New York and hosted in Pennsylvania. [D.E. 4] Defendant Leo Joseph allegedly resides in New York. [Id.] Plaintiffs Motion ignores the Courts clear instruction in D.E. 9 as to the detailed explanation sufficient to show good cause required of plaintiff in the event that service cannot be effected within two weeks of the Planning and Scheduling Conference, as in the case here. Accordingly, it is hereby ORDERED AND ADJUDGED that Plaintiffs Motion is DENIED WITHOUT PREJUDICE. Plaintiff shall effect service or file a detailed explanation showing good cause as to why service has not been effected no later than November 27, 2012. DONE AND ORDERED in Chambers, Miami, Florida, this 20th day of November, 2012.

________________________________ UNITED STATES DISTRICT JUDGE copies provided: counsel of record