Filed: Aug. 10, 2015
Latest Update: Aug. 10, 2015
Summary: ORDER JAMES C. MAHAN , District Judge . Presently before the court is the matter of 1597 Ashfield Valley Trust v. Federal National Mortgage Association, case number 2:14-cv-2123-JCM-CWH. Plaintiff filed this case in state court on November 18, 2014, asserting claims against multiple defendants. (Doc. # 1-1). Defendant Federal National Mortgage Association removed the case to this court on December 15, 2014. (Doc. # 1). Plaintiff has not filed proof of service of the complaint as to one d
Summary: ORDER JAMES C. MAHAN , District Judge . Presently before the court is the matter of 1597 Ashfield Valley Trust v. Federal National Mortgage Association, case number 2:14-cv-2123-JCM-CWH. Plaintiff filed this case in state court on November 18, 2014, asserting claims against multiple defendants. (Doc. # 1-1). Defendant Federal National Mortgage Association removed the case to this court on December 15, 2014. (Doc. # 1). Plaintiff has not filed proof of service of the complaint as to one de..
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ORDER
JAMES C. MAHAN, District Judge.
Presently before the court is the matter of 1597 Ashfield Valley Trust v. Federal National Mortgage Association, case number 2:14-cv-2123-JCM-CWH.
Plaintiff filed this case in state court on November 18, 2014, asserting claims against multiple defendants. (Doc. # 1-1). Defendant Federal National Mortgage Association removed the case to this court on December 15, 2014. (Doc. # 1). Plaintiff has not filed proof of service of the complaint as to one defendant, Venta Financial Group, Inc. (Venta).
Federal Rule of Civil Procedure 4(m) provides: "If a defendant is not served within 120 days after the complaint is filed, the court—on motion or on its own after notice to the plaintiff— must dismiss the action without prejudice."
On May 11, 2015, pursuant to Federal Rule of Civil Procedure 4(m), the clerk of the court provided notice to plaintiff that the court would dismiss plaintiff's claims against defendant Venta if plaintiff did not file proof of service of process within thirty days. (Doc. # 62). The deadline has passed for plaintiff to file proof of service.
Accordingly,
IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that plaintiff's claims against defendant Venta Financial Group, Inc., be, and the same hereby are, DISMISSED without prejudice.
