Cowboy v. Jewell

Filing 25

ORDER granting 19 Defendant's amended/renewed motion to dismiss under Rule 12 (b)(5). The Clerk is directed to terminate this action. Signed by Judge David G Campbell on 12/14/15. (EJA)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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David Cowboy,

No. CV-15-08039-PCT-DGC
Plaintiff,

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v.

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ORDER

Sally Jewell,

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Defendant.

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Plaintiff filed his initial complaint on March 20, 2015, asserting a violation of the

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Age Discrimination in Employment Act (“ADEA”). Doc. 1. On September 21, 2015,

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Plaintiff filed an amended complaint. Id. On October 1, 2015, after review of the file,

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and finding no evidence that Plaintiff had served the summons and original complaint

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within the time required by Federal Rule of Civil Procedure 4(m), the Court ordered

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Plaintiff to show good cause for this failure. Id.

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Plaintiff did not show good cause. Instead, he filed evidence of service of the

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original complaint on the Department of Interior on June 1, 2015 (Doc. 15), and evidence

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of service of the original complaint on the Department of Justice on June 2, 2015

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(Doc. 16). But he has not shown that he served the original complaint on the United

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States Attorney as required by Rule 4(i)(1)(A). As a result, service of the original

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complaint was never completed as required by Rule 4. Plaintiff has not shown that he

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has served the amended complaint on anyone.

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The Court concludes that Plaintiff and his counsel have had ample opportunity to

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complete service of process. This case has been pending for more than seven months, the

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Court has pointed out his failure to complete service, and defense counsel specifically

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informed Plaintiff’s counsel of the need to serve the United States Attorney under

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Rule 4(i) (see Doc. 19-1 at 6). Notwithstanding the passage of ample time and these

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promptings, Plaintiff has not completed service of process as required by Rule 4. The

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Court will grant Defendant’s motion to dismiss this case for insufficient service of

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process under Rule 12(b)(5).

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IT IS ORDERED:
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Defendant’s amended/renewed motion to dismiss under Rule 12(b)(5)
(Doc. 19) is granted.

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Dated this 14th day of December, 2015.

The Clerk is directed to terminate this action.

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