CHERYL R. ZWART, District Judge.
Plaintiff has moved "for entry of an order extending the time for service as to certain defendants under Rule 4(m) of the Federal Rules of Civil Procedure, for leave to conduct limited discovery, and to stay proceedings relating to pending motions to dismiss." (
Plaintiff filed a complaint naming over 40 defendants on November 21, 2015. After two inquiries from the court regarding Plaintiff's intent to serve the complaint, (February 2, 2016 and February 23, 2016), on March 3, 2016, Plaintiff's counsel stated "I have not abandoned my attempt to serve the summonses; I caught pneumonia and I am just strong enough to work again."
But over the following six weeks, Plaintiff did not serve any defendant. On April 25, 2016, the court entered an order affording Plaintiff until May 3, 2016 to show cause why this case should not be dismissed pursuant to Federal Rule of Civil Procedure 4(m) or for want of prosecution. (
Plaintiff filed his amended complaint on June 17, 2016, but he did not request summons until June 23, 2016. When he filed his untimely request for summons, he did not request summons as to all the named defendants, asked for summons on two people who were not named defendants, and requested duplicate summons for two named defendants. In total, the court issued 35 summons on June 24, 2016. At Plaintiff's request, three additional summons were issued on July 8, 2016. (
Currently, there are 12 pending motions or amended motions to dismiss, (see
"[A]ll civil actions and proceedings in the United States district courts. . . should be construed, administered, and employed by the court and the parties to secure the just, speedy, and inexpensive determination of every action and proceeding." Fed. R. Civ. P.
1. Consistent with that principle, and after granting Plaintiff additional time to perfect service, the court ordered Plaintiff to serve the defendants by June 17, 2016, and the court permitted Plaintiff to serve defendants after that deadline. While Plaintiff may want even more time to find and serve defendants, he has not shown good cause as required under Rule 4(m). The court further finds that staying the pending motions to dismiss would undermine the goals of Rule 1, particularly now that 13 defendants are awaiting a decision on their apparently unopposed motions to dismiss.
Accordingly,
IT IS ORDERED that Plaintiff's motion to extend the service deadline, permit limited discovery, and stay the pending motions to dismiss, (