Clarkson v. Board of Regents of the New Mexico State University, 2:18-cv-00870-KRS-GBW (2019)
Court: District Court, D. New Mexico
Number: infdco20190806c75
Visitors: 4
Filed: Aug. 05, 2019
Latest Update: Aug. 05, 2019
Summary: ORDER VACATING ORDER TO SHOW CAUSE KEVIN R. SWEAZEA , Magistrate Judge . THIS MATTER comes before the Court on Plaintiff's response (Doc. 31) to the July 18, 2019 show-cause order. Plaintiff's counsel explains he did not serve the individual defendants as Federal Rule of Civil Procedure 4(m) requires, but erroneously believed that the amended complaint had been sent for service. Because of a calendaring mistake, counsel did not discover the omission until the Court's order. Plaintiff requ
Summary: ORDER VACATING ORDER TO SHOW CAUSE KEVIN R. SWEAZEA , Magistrate Judge . THIS MATTER comes before the Court on Plaintiff's response (Doc. 31) to the July 18, 2019 show-cause order. Plaintiff's counsel explains he did not serve the individual defendants as Federal Rule of Civil Procedure 4(m) requires, but erroneously believed that the amended complaint had been sent for service. Because of a calendaring mistake, counsel did not discover the omission until the Court's order. Plaintiff reque..
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ORDER VACATING ORDER TO SHOW CAUSE
KEVIN R. SWEAZEA, Magistrate Judge.
THIS MATTER comes before the Court on Plaintiff's response (Doc. 31) to the July 18, 2019 show-cause order. Plaintiff's counsel explains he did not serve the individual defendants as Federal Rule of Civil Procedure 4(m) requires, but erroneously believed that the amended complaint had been sent for service. Because of a calendaring mistake, counsel did not discover the omission until the Court's order. Plaintiff requests thirty days to effect service of process. Although Plaintiff's counsel should endeavor to be more diligent in the future, the Court accepts the explanation and will vacate the order to show cause.
IT IS, THEREFORE, ORDERED that the Court's July 18, 2019 order to show cause (Doc. 30) is VACATED.
IT IS FURTHER ORDERED that Plaintiff serve the individual defendants with the amended complaint on or before September 4, 2019.
Source: Leagle
