To warrant dismissal, there must be a serious, willful, and clear failure to comply. See Betty K Agencies, Ltc. v. M/V Monada, 432 F.3d 1333, 1339 (11th Cir. 2005) (vacating dismissal for technical service error, finding failure to perfect service did not warrant dismissal; noting that dismissal is “a drastic remedy”). ALJ’s should refrain from taking such drastic steps where there is a minor technical violation.Even though ALJs should not be dismissing these appeals so regularly, providers need to be cautious with respect to service.
”Zundel v. Holder, 687 F.3d 271, 282 (6th Cir. 2012) (citations omitted).[14]You Fit, Inc., supra, at Dkt. 89 (03/29/13).[15]Pine v. Bd. of County Comm’n of Brevard County, No. 6:06-cv-1551-Orl-19JGG, 2007 U.S. Dist. LEXIS 90305, at *18 (M.D. Fla. Dec. 7, 2007) (quoting Betty K Agencies, Ltd. v. M/V Monada, 432 F.3d 1333, 1338-39 (11th Cir. 2005)).