Moore et al v. Sherman et al

Filing 26

ORDER directing pltf to file proof of service on defts by 4/20/12. Signed by Judge Susan Webber Wright on 4/6/12. (vjt)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
WESTERN DIVISION
ALVESTER MOORE and SHARON
MOORE,
Plaintiffs,
vs.
JAMES SHERMAN, ET AL.,

Defendants.

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No. 4:11CV00376 SWW

Order

The complaint in this matter was filed on May 2, 2011. While one defendant, Aurora
Loan Services, made an appearance and was dismissed from the lawsuit, the file does not reflect
that plaintiffs have served defendants Sherman, Johnson, EMC Mortgage Services, Litton Loan
Servicing LP, or Amstar Mortgage Corporation with process. Rule 4(l) of the Federal Rules of
Civil Procedure requires proof of service upon defendants, and Rule 4(m) requires that such
service be made within 120-days of filing the lawsuit. This action cannot proceed without
service on the remaining defendants.
IT IS THEREFORE ORDERED that plaintiffs shall file proof that they did obtain service
upon the remaining defendants. If plaintiffs fail to comply with this Order by April 20, 2012, the
Court will be inclined to dismiss this case for failure to obtain service and prosecute this action.
Dated this 6th day of April, 2012.
/s/Susan Webber Wright
UNITED STATES DISTRICT JUDGE