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)

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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

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