PROBAR, LLC v. ONEBODY, 2:14-cv-166-FtM-38CM. (2014)
Court: District Court, M.D. Florida
Number: infdco20140822951
Visitors: 32
Filed: Aug. 20, 2014
Latest Update: Aug. 20, 2014
Summary: ORDER 1 SHERI POLSTER CHAPPELL, District Judge. The matter comes before the Court upon sua sponte review of the docket sheet. The Plaintiff, Probar, LLC filed its Complaint (Doc. #1) on March 31, 2014. To date the Plaintiff has failed to file a return of service with the Court. The Rule reads in pertinent part: 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
Summary: ORDER 1 SHERI POLSTER CHAPPELL, District Judge. The matter comes before the Court upon sua sponte review of the docket sheet. The Plaintiff, Probar, LLC filed its Complaint (Doc. #1) on March 31, 2014. To date the Plaintiff has failed to file a return of service with the Court. The Rule reads in pertinent part: 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 ..
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ORDER1
SHERI POLSTER CHAPPELL, District Judge.
The matter comes before the Court upon sua sponte review of the docket sheet. The Plaintiff, Probar, LLC filed its Complaint (Doc. #1) on March 31, 2014. To date the Plaintiff has failed to file a return of service with the Court. The Rule reads in pertinent part:
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 against that defendant or order that service be made within a specified time. But if the plaintiff shows good cause for the failure, the court must extend the time for service for an appropriate period.
Fed. R. Civ. P. 4(m). The time to serve the Defendants has expired and the Plaintiff has not effectuated service of process. Therefore, the Plaintiff shall show cause in writing why this case should not be dismissed for failure to effect service.
Accordingly, it is now
ORDERED:
The Plaintiff Probar, LLC shall SHOW CAUSE in writing on or before August 29, 2014, why it has not effectuated service of process on the Defendants. Failure to comply with this Order will result in the case being dismissed for failure to effect service without further notice.
FootNotes
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Source: Leagle
