Filed: Jul. 27, 2012
Latest Update: Jul. 27, 2012
Summary: ORDER JAMES C. MAHAN, District Judge. Presently before the court is the matter of Aboulafia v. Mortgage Electronic Registration Systems, Inc., et. al., 2:12-cv-389-JCM-PAL. 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." Plaintiff filed the instant case in state court on December 1, 2011. (Doc. #1, Ex. A).
Summary: ORDER JAMES C. MAHAN, District Judge. Presently before the court is the matter of Aboulafia v. Mortgage Electronic Registration Systems, Inc., et. al., 2:12-cv-389-JCM-PAL. 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." Plaintiff filed the instant case in state court on December 1, 2011. (Doc. #1, Ex. A). ..
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ORDER
JAMES C. MAHAN, District Judge.
Presently before the court is the matter of Aboulafia v. Mortgage Electronic Registration Systems, Inc., et. al., 2:12-cv-389-JCM-PAL.
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."
Plaintiff filed the instant case in state court on December 1, 2011. (Doc. #1, Ex. A). The case was removed to this court on March 9, 2012. (Doc. #1). Pursuant to Federal Rule of Civil Procedure 4(m), on June 6, 2012, the clerk of the court provided notice to plaintiff that the action would be dismissed as to defendant Nevada Legal News, Inc. if plaintiff did not file proof of service of process by July 6, 2012. (Doc. #8).
To date, the court has not received proof of service of process as to defendant Nevada Legal News, Inc., as required under Rule 4(m).
Accordingly,
IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the above-captioned case be, and the same hereby is, DISMISSED without prejudice as to defendant Nevada Legal News, Inc.
