First National Bank of Izard County v. B & H Resources, LLC et al

Filing 110

ORDER. Because Celtic has not served Elite within the time permitted under Federal Rule of Civil Procedure 4(m), its third-party complaint against Elite is dismissed without prejudice. Signed by Magistrate Judge Beth Deere on 4/4/2017. (mef)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
NORTHERN DIVISION
FIRST NATIONAL BANK
OF IZARD COUNTY
V.

PLAINTIFF

CASE NO.: 1:15-CV-5-BD

EVERGREEN PROCESSING LLC, f/k/a
B & H RESOURCES, LLC, et al.

DEFENDANTS

ORDER
Celtic Bank (“Celtic”) filed a third-party complaint on February 3, 2016, against
several defendants, including Elite Coil Tubing Solutions, LLC (“Elite”). On the same
day, the Clerk issued a summons for Elite and mailed it to counsel for Celtic. To date, the
summons has not been returned to the court.
On March 15, 2017, the Court directed Celtic to show cause why the Court should
not dismiss Celtic’s claims against Elite for failure to serve that entity within the time
allowed by the Rules. The order warned Celtic that failure to show cause would result in
dismissal of Elite from the lawsuit, without prejudice. Celtic has not responded to the
order to show cause, and the time for doing so has passed.
Because Celtic has not served Elite within the time permitted under Federal Rule
of Civil Procedure 4(m), its third-party complaint against Elite is hereby dismissed,
without prejudice.
IT IS SO ORDERED, this 4th day of April, 2017.
___________________________________
UNITED STATES MAGISTRATE JUDGE