Ray et al v. Crete Carrier Corporation et al
NOTICE is hereby given to the plaintiffs that the Court will dismiss this action as to defendant Darrell Weiss without prejudice unless proof of service is filed on or before 7/6/11, or the plaintffs establish good cause for the failure to serve summons & complaint on defendant Darrell Weiss w/i 120 days after the filing of the complaint. Signed by Chief Judge J. Leon Holmes on 6/6/2011. (jct)
IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
GLEN RAY, d/b/a GLEN RAY’S TOWING &
RECOVERY, INC.; MARTY RAY; and
No. 3:10CV00185 JLH
CRETE CARRIER CORPORATION
and DARRELL WEISS
The complaint in this case was originally filed in the Crittenden County Circuit Court and
subsequently removed to this Court by defendant Crete Carrier Corporation on August 11, 2010.
More than 120 days have passed. Plaintiffs have not filed proof of service on defendant Darrell
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 plaintiffs that the Court will dismiss this action as to defendant
Darrell Weiss without prejudice unless proof of service is filed on or before July 6, 2011, or the
plaintiffs establish good cause for the failure to serve summons and complaint on defendant Darrell
Weiss within 120 days after the filing of the complaint.
IT IS SO ORDERED this 6th day of June, 2011.
J. LEON HOLMES
UNITED STATES DISTRICT JUDGE
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