HARRELL v. AA RECOVERY SOLUTIONS INC

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
ATHENS DIVISION
JAMES HARRELL,
Plaintiff,
vs.
AA RECOVERY SOLUTIONS, INC.,
Defendant.
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CASE NO. 3:25-cv-59 (CDL)
O R D E R
Plaintiff filed this action on April 17, 2025. 	Defendant failed
to 	answer 	the 	Complaint, 	and 	an 	entry 	of 	default 	was 	entered 	on
Plaintiff’s 	claims 	on 	August 	22, 	2025. 	The 	Court 	then 	entered 	an
Order 	granting 	Plaintiff’s 	motion 	for 	leave 	to 	file 	an 	amended
complaint, 	expressly 	noting 	that 	Defendant 	shall 	remain 	in 	default
as 	to 	the 	claims 	upon 	which 	the 	Clerk’s 	previous 	entry 	of 	default
was 	made 	but 	shall 	be 	allowed 	to 	answer 	and 	defend 	the 	new 	claims.
Plaintiff 	filed 	his 	amended 	complaint 	on 	October 	1, 	2025, 	which
asserted two new causes of action against Defendant. 	Under Federal
Rule of Civil Procedure 5(a)(2), a pleading that asserts a new claim
for 	relief 	against 	a 	party 	who 	is 	in 	default 	for 	failing 	to 	appear
must 	be 	served 	on 	that 	party 	under 	Federal 	Rule 	of 	Civil 	Procedure
4. 	More 	than 	90 	days 	have 	passed, 	and 	Plaintiff 	has 	not 	filed 	a
proof of service showing that Defendant has been served with a copy
of 	the 	amended 	complaint. 	Under 	Federal 	Rule 	of 	Civil 	Procedure
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4(m), 	if 	a 	defendant 	is 	not 	served 	within 	90 	days 	of 	filing, 	the
court, after notice to the plaintiff, must dismiss the action without
prejudice against the defendants or order that service be made within
a 	specified 	time. 	Accordingly, 	Plaintiff 	is 	ordered 	to 	serve
Defendant with the amended complaint in accordance with the Federal
Rules 	of 	Civil 	Procedure 	by 	February 	4, 	2026 	and 	to 	file 	proof 	of
that service by February 11, 2026. 	Failure to do so will result in
the 	dismissal 	of 	Plaintiff’s 	amended 	complaint 	against 	Defendant
without prejudice.
IT IS SO ORDERED, this 14 th day of January, 2026.
S/Clay D. Land
CLAY D. LAND
U.S. DISTRICT COURT JUDGE
MIDDLE DISTRICT OF GEORGIA
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