Auto Services Company, Inc. v. Auto Service Warranty, Inc et al

Filing 18

ORDER OF DISMISSAL WITHOUT PREJUDICE. Signed by Honorable P. K. Holmes, III on July 2, 2012. (lw)

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
HARRISON DIVISION
AUTO SERVICES COMPANY, INC.
v.

PLAINTIFF

Case No. 2:11-CV-03095

AUTO SERVICE WARRANTY, INC.

DEFENDANT
ORDER

On May 9, 2012, the Clerk of Court filed a First Notice of No Service of Process directed to
Plaintiff Auto Services Company, Inc., noting that the file did not reflect proof of service of the
Complaint upon Defendant Auto Service Warranty, Inc. On June 5, 2012, the Clerk of Court filed
a Second Notice of No Service of Process and stated that Plaintiff had 14 days from the date of the
Second Notice to file proper proof of service, as required by Fed. R. Civ. P. 4(l). The Clerk’s
deadline of 14 days has since passed, and no proof of service has been filed with the Court.
Accordingly, as more than 120 days have elapsed since Plaintiff filed its Complaint, and service has
not been perfected upon Defendant Auto Service Warranty, Inc. in that time, this action is hereby
DISMISSED WITHOUT PREJUDICE pursuant to Fed. R. Civ. P. 4(m).
IT IS SO ORDERED this 2nd day of July, 2012.

/s/P. K. Holmes, III
P.K. HOLMES, III
CHIEF U.S. DISTRICT JUDGE