Board of Trustees of the Sheet Metal Workers Health Care Plan of Northern California et al v. R.G. Mustain Heating and Air Conditioning

Filing 8

ORDER DISMISSING ACTION WITHOUT PREJUDICE. Signed by Judge Maxine M. Chesney on November 12, 2009. (mmclc1, COURT STAFF) (Filed on 11/12/2009)

1 2 3 4 5 6 7 8 9 10 For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Dated: November 12, 2009 MAXINE M. CHESNEY United States District Judge v. United States District Court BOARD OF TRUSTEES OF THE SHEET METAL WORKERS, et al., Plaintiffs, No. C-09-2310 MMC ORDER DISMISSING ACTION WITHOUT PREJUDICE IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

R. G. MUSTAIN HEATING AND AIR CONDITIONING, a California corporation, Defendant /

By order filed September 4, 2009, the Court directed plaintiffs to serve defendant no later than October 23, 2009, and to file proof of such service no later than October 30, 2009. Additionally, the Court therein notified plaintiff that, if, as of October 30, 2009, plaintiffs had neither filed proof of such service nor obtained, for good cause shown, a further extension of time to serve defendant, the above-titled action would be dismissed without prejudice pursuant to Rule 4(m) of the Federal Rules of Civil Procedure. Plaintiffs have neither filed proof of service nor sought an extension of time to serve defendant. Accordingly, the above-titled action is hereby DISMISSED without prejudice, pursuant to Rule 4(m). IT IS SO ORDERED.