Windchimes by Russco III Inc v. Big Lots Inc et al

Filing 4

ORDER giving notice to the Plaintiff that the Court will dismiss this action unless proof of service is filed on or before Thursday, September 24, 2015, or the Plaintiff establishes good cause for the failure to serve summons and complaint on the defendants within 120 days after the filing of the complaint. Signed by Judge J. Leon Holmes on 9/17/2015. (jak)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
JONESBORO DIVISION
WINDCHIMES BY RUSSCO III, INC.
v.

PLAINTIFF

NO. 3:15CV00088 JLH

BIG LOTS, INC.; BIG LOTS STORES, INC.;
and CONSOLIDATED PROPERTY HOLDINGS, INC.

DEFENDANTS

ORDER
Plaintiff filed a complaint in this action on April 7, 2015. More than 120 days have passed.
Plaintiff has not filed proof of service on the defendants. Rule 4(m) of the Federal Rules of Civil
Procedure provides:
If 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.
Notice is hereby given to the plaintiff that the Court will dismiss this action unless proof of
service is filed on or before Thursday, September 24, 2015, or the plaintiff establishes good cause
for the failure to serve summons and complaint on the defendants within 120 days after the filing
of the complaint.
IT IS SO ORDERED this 17th day of September, 2015.

J. LEON HOLMES
UNITED STATES DISTRICT JUDGE