Mills v. Bankers Life and Casualty Company

Filing 16

ORDER signed by Magistrate Judge Carolyn K. Delaney on 1/26/2015 DENYING 5 Defendant's Motion to Dismiss without prejudice. (Reader, L)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 LAMBERT MILLS, 12 13 14 15 No. 2:14-cv-2322 MCE CKD PS Plaintiff, v. ORDER BANKERS LIFE AND CASUALTY COMPANY, Defendant. 16 17 18 Ruling on defendant’s motion to dismiss under Federal Rules of Civil Procedure 12(b)(2), 19 (4) and (5) was deferred pending an extension of time granted to plaintiff to properly effectuate 20 service in this matter. Plaintiff has now filed an executed return of summons indicating service of 21 the summons and complaint on the registered agent for service of process. 22 Accordingly, IT IS HEREBY ORDERED that defendant’s motion to dismiss (ECF No. 5) 23 is denied without prejudice. 24 Dated: January 26, 2015 _____________________________________ CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE 25 26 27 28 4 mills.mtd

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