Opinion Corp. et al. v. Roca Labs, Inc.

MOTION TO DEEM DEFENDANT SERVED. IN THE ALTERNATIVE, MOTION FOR ALTERNATE SERVICE. IN THE FURTHER ALTERNATIVE, MOTION FOR EARLY DISCOVERY

Ronald Coleman
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From the motion:

"1.0 INTRODUCTION

"Roca Labs is actively involved in multiple cases in this state. However, despite the mandates of Fla. Stat. § 607.0501, it does not have a registered agent. Its attorneys refuse to accept service of the complaint. Its registered agent address is consistently unoccupied, or its registered agent is barricaded inside, refusing to come out or open the door. Plaintiff has attempted to serve

Defendant on multiple occasions at the location listed with the Florida Secretary of State. As far back as August, the Plaintiff attempted service in another action at the current registered agent address. The undersigned conducted an investigation and learned that another plaintiff is also attempting to serve Roca at the same address – to no avail. Attached as Exhibit 1 is an affidavit of nonservice in the matter of The Solomon Law, PA v. Don Juravin; Roca Labs, Inc., Case No.: 14-CC-035101. Finally, for the sake of completeness, Plaintiff tried to serve this instant action at Roca Labs’ registered agent address, and found that nothing has changed since August – Roca Labs appears to have gone into hiding. Attached as Exhibit 2 is an affidavit of non-service from the process server dated January 23, 2015.

"By all indications, Roca Labs is evading service of not just this Complaint, but of at least two other complaints including a class action against it for deceptive trade practices, and a lawsuit filed against it by one of its prior law firms – for non-payment of fees. More diligence on the Plaintiff’s part is not likely to yield new results.

"Furthermore, Roca Labs is utilizing the courts, where it sees fit, as it is the Plaintiff in no fewer than 6 suits. . . . Roca has no aversion to actively litigating case after case, as long as it is the plaintiff.

"Given that the Defendant is actively evading service, the Plaintiff requires relief from this Court, or service may never be effected. Plaintiff requests that this court either deem Roca Labs served (as one of its attorneys has filed the complaint in this case as an exhibit in another case, thus definitively proving that Roca Labs has complete and adequate notice of the claim). In the event that the court declines to deem Roca Labs served, Plaintiff requests the right to serve Roca Labs through alternate means. In the further alternative, Plaintiff requests the right to begin issuing subpoenas to find Roca Labs’ true principal place of business, or other premises where Roca Labs employees or principals may be found, so that they may be served. In short, Plaintiff requires judicial intervention lest Roca Labs succeed in simply evading service, as has been its modus

operandi for months to date."

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Reference Info: Legal Memoranda: Pre-Trial Motions | Federal, 11th Circuit, Florida | United States

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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