Filed: Dec. 12, 2016
Latest Update: Dec. 12, 2016
Summary: ORDER F.A. GOSSETT , Magistrate Judge . This matter comes before the court sua sponte after review of the court file. On August 23, 2016, the defendant, Brenna M. Moray, filed a Third-Party Complaint against nonparties Thomas Majda, Samuel Troia, Charles O. Lutz-Priefert, and Patrick Buckley. ( Filing No. 14 ). Rule 14 of the Federal Rules of Civil Procedure provides, "A defending party may, as third-party plaintiff, serve a summons and complaint on a nonparty who is or may be liable to
Summary: ORDER F.A. GOSSETT , Magistrate Judge . This matter comes before the court sua sponte after review of the court file. On August 23, 2016, the defendant, Brenna M. Moray, filed a Third-Party Complaint against nonparties Thomas Majda, Samuel Troia, Charles O. Lutz-Priefert, and Patrick Buckley. ( Filing No. 14 ). Rule 14 of the Federal Rules of Civil Procedure provides, "A defending party may, as third-party plaintiff, serve a summons and complaint on a nonparty who is or may be liable to i..
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ORDER
F.A. GOSSETT, Magistrate Judge.
This matter comes before the court sua sponte after review of the court file.
On August 23, 2016, the defendant, Brenna M. Moray, filed a Third-Party Complaint against nonparties Thomas Majda, Samuel Troia, Charles O. Lutz-Priefert, and Patrick Buckley. (Filing No. 14). Rule 14 of the Federal Rules of Civil Procedure provides, "A defending party may, as third-party plaintiff, serve a summons and complaint on a nonparty who is or may be liable to it for all or part of the claim against it." Fed. R. Civ. P. 14(a)(1). Rule 4 governs service of a summons and complaint. Rule 4 provides, "If a defendant is not served within 90 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." Fed. R. Civ. P. 4(m). The court must extend the time for service for an appropriate period upon a plaintiff's showing of good cause for the failure. Fed. R. Civ. P. 4(m).
There is no evidence in the record demonstrating that Moray has served the third party defendants with a summons and the Third-Party Complaint in accordance with Fed. R. Civ. P. 14(a)(1) and Fed. R. Civ. P. 4, and none of the third-party defendants have made an appearance in this case. The 90-day deadline for service of process of the Third-Party Complaint has expired. Moray failed to seek an extension of the deadline to complete service on the third-party defendants or provide an explanation for the delay. Under the circumstances, the Moray must make a showing of good cause for the failure to timely serve the third-party defendants, or her Third-Party Complaint will be dismissed. Accordingly,
IT IS ORDERED: Defendant Brenna Moray shall have until December 28, 2016, to file with the Clerk of Court evidence of valid service for third-party defendants Thomas Majda, Samuel Troia, Charles O. Lutz-Priefert, and Patrick Buckley, or show cause why her Third-Party Complaint should not be dismissed for failure to prosecute.
