Cowboy v. Jewell
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)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ARIZONA
Plaintiff filed his initial complaint on March 20, 2015, asserting a violation of the
Age Discrimination in Employment Act (“ADEA”). Doc. 1. On September 21, 2015,
Plaintiff filed an amended complaint. Id. On October 1, 2015, after review of the file,
and finding no evidence that Plaintiff had served the summons and original complaint
within the time required by Federal Rule of Civil Procedure 4(m), the Court ordered
Plaintiff to show good cause for this failure. Id.
Plaintiff did not show good cause. Instead, he filed evidence of service of the
original complaint on the Department of Interior on June 1, 2015 (Doc. 15), and evidence
of service of the original complaint on the Department of Justice on June 2, 2015
(Doc. 16). But he has not shown that he served the original complaint on the United
States Attorney as required by Rule 4(i)(1)(A). As a result, service of the original
complaint was never completed as required by Rule 4. Plaintiff has not shown that he
has served the amended complaint on anyone.
The Court concludes that Plaintiff and his counsel have had ample opportunity to
complete service of process. This case has been pending for more than seven months, the
Court has pointed out his failure to complete service, and defense counsel specifically
informed Plaintiff’s counsel of the need to serve the United States Attorney under
Rule 4(i) (see Doc. 19-1 at 6). Notwithstanding the passage of ample time and these
promptings, Plaintiff has not completed service of process as required by Rule 4. The
Court will grant Defendant’s motion to dismiss this case for insufficient service of
process under Rule 12(b)(5).
IT IS ORDERED:
Defendant’s amended/renewed motion to dismiss under Rule 12(b)(5)
(Doc. 19) is granted.
Dated this 14th day of December, 2015.
The Clerk is directed to terminate this action.
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