McMillian v. Union Pacific Railroad Company et al

Filing 41

NOTICE to Plaintiff that the Court will dismiss this action as against Sea Train Logistics LLC, without prejudice, unless proof of service is filed on or before 1/29/09, or the Plaintiff establishes good cause for the failure to serve summons & complaint within 120 days after the filing of the complaint. Signed by Chief Judge J. Leon Holmes on 1/15/09. (jct)

IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS JONESBORO DIVISION CLARA MCMILLIAN v. NO. 3:08CV00017 JLH DEFENDANTS PLAINTIFF

UNION PACIFIC RAILROAD COMPANY and SEA TRAIN LOGISTICS, LLC NOT I CE

The complaint in this case was filed on November 21, 2007, in the Circuit Court of Crittenden County, Arkansas, and removed to this Court on February 6, 2008. More than 120 days have passed. Plaintiff has not filed proof of service on separate defendant Sea Train Logistics, LLC. Rule 4(m) of the Federal Rules of Civil Procedure provides: If service of the summons and complaint is not made upon a defendant within 120 days after the filing of the complaint, the court, upon motion or on its own initiative after notice to the plaintiff, shall dismiss the action without prejudice as to that defendant or direct that service be effected within a specified time; provided that if the plaintiff shows good cause for the failure, the court shall extend the time for service for an appropriate period. Notice is hereby given to the plaintiff that the Court will dismiss this action as against Sea Train Logistics, LLC, without prejudice unless proof of service is filed on or before January 29, 2009, or the plaintiff establishes good cause for the failure to serve summons and complaint within 120 days after the filing of the complaint. DATED this 15th day of January, 2009.

J. LEON HOLMES UNITED STATES DISTRICT JUDGE