Rice v. Kimberly-Clark Corporation et al

Filing 16

ORDER granting 13 Motion to Dismiss Party Teresa Perryman without prejudice. Signed by Judge Kristine G. Baker on 4/02/13. (kpr)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
BATESVILLE DIVISION
RICKY RICE
v.

PLAINTIFF
Case No. 1:12CV000040 KGB

KIMBERLY-CLARK CORPORATION; and
TERESA PERRYMAN

DEFENDANTS

ORDER
Before the Court is separate defendant Teresa Perryman’s motion to dismiss (Dkt. No.
13). Mr. Rice has not responded to the motion, and the time for doing so has passed. Ms.
Perryman asserts that Mr. Rice’s claims against her should be dismissed for failure to effect
timely service of the complaint.
This action was filed in state court on December 28, 2011. Defendant Kimberly-Clark
Corporation (“Kimberly-Clark”) was served on March 27, 2012. Kimberly-Clark removed the
case to this Court on April 25, 2012. Ms. Perryman asserts that, to date, she has not been served
with the complaint.
Federal Rule of Civil Procedure 4(m) states that “[i]f 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 against that defendant or order that service be made
within a specified time. But if the plaintiff shows good cause for the failure, the court must
extend the time for service for an appropriate period.”
Mr. Rice has not responded to the motion to dismiss, nor has he moved for an extension
of time to serve Ms. Perryman. Accordingly, the Court does not engage in a good-faith or
excusable-neglect analysis. Over ten months have passed since Kimberly-Clark removed the

case to this Court. Ms. Perryman asserts that Mr. Rice has not made an effort to serve her and
has not sought to determine her whereabouts through discovery.
For these reasons, Ms. Perryman’s motion to dismiss is granted (Dkt. No. 13). Mr.
Rice’s complaint and claims raised as to Ms. Perryman are dismissed without prejudice for
failure to effect timely service. Fed. R. Civ. P. 4(m).
SO ORDERED this the 2nd day of April, 2013.

__________________________________
Kristine G. Baker
United States District Judge

2