Judge Grant’s Garner’s Motion To Extend Time

A federal judge has granted attorney Robert Garner’s pro se motion to respond to a racketeering lawsuit filed against him by members of AdSurfDaily Inc.

As he requested, Garner will be given until May 22 to respond to the complaint. U.S. District Judge Rosemary Collyer issued the order, although a proposed order by Garner appeared to be directed to a U.S. Magistrate Judge.

Collyer is the presiding judge in the case, which was filed Jan. 15. Also named RICO defendants were ASD President Andy Bowdoin and Golden Panda Ad Builder President Clarence Busby.

Nothing in the record suggests Bowdoin and Busby have been served with the complaint. Neither man has filed a response, and no attorney has filed a response on behalf of Bowdoin or Busby.

The plaintiffs in the case — Mike Collins, Frank Greene and Natures Discount Inc. — have said in court filings that they have not been able to perfect service of the complaint.

Garner, after more than two and one-half months, was served earlier this month.

The reasons for the delay in service are unclear.

Bank of America is a non-RICO defendant and has responded to the complaint. Parts of the case have been on hold, pending service of the complaint.

The RICO complaint alleged that Garner, Bowdoin and Busby were involved in “other” schemes beyond ASD, Golden Panda and LaFuenteDinero, and have “committed or aided and abetted in the commission of countless acts of racketeering activity,” including indictable offenses.