Arther v. Corizon Health Incorporated et al
Filing
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ORDER that pursuant to Rule 4(m), Defendant Ryan is DISMISSED WITHOUT PREJUDICE. See the attached order for additional information. Signed by Senior Judge James A. Teilborg on 7/15/2021. (RMW) Modified on 7/15/2021 to indicate WO (RMW).
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WO
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IN THE UNITED STATES DISTRICT COURT
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FOR THE DISTRICT OF ARIZONA
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Jonathan M Arther,
Plaintiff,
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ORDER
v.
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No. CV-20-00189-PHX-JAT (JFM)
Corizon Health Incorporated, et al.,
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Defendants.
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In the Scheduling Order filed April 19, 2021, Plaintiff was given through May 17,
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2021 to either dismiss, serve, or show cause why Defendants Ryan, Heller and Eye
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Doctors should not be dismissed for failure to timely serve. Plaintiff then completed
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service on Heller and Eye Doctors. Plaintiff neither dismissed, served, nor shown cause
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why Ryan should not be dismissed. Plaintiff had in the interim filed his Fourth Amended
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Complaint (Doc. 66). However, the filing of an amended complaint does not reset the
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time for service, except as to newly added defendants. See Wright & Miller, Time Limit
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for Service, 4B Fed. Prac. & Proc. Civ. ยง 1137, at text surrounding nn. 38 & 39 (4th ed.).
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Accordingly, in its Order filed June 23, 2021 (Doc. 67), the Court ordered Plaintiff
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to file a memorandum showing cause why Defendant Ryan should not be dismissed
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without prejudice for failure to effect timely service. Plaintiff has not responded.
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Dismissal of a party is appropriate where a plaintiff fails to show good cause for delays in
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service. See Walker v. Sumner, 14 F.3d 1415 (9th Cir. 1994) (upholding dismissal where
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no showing of good cause for delay in service).
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IT IS THEREFORE ORDERED, pursuant to Rule 4(m), Defendant Ryan is
DISMISSED WITHOUT PREJUDICE.
Dated this 15th day of July, 2021.
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