Marr v. USAA General Indemnity Company

Filing 6

ORDER directing the plaintiff to respond within seven days and SHOW CAUSE why this case should not be dismissed for failure to serve the defendant or, alternatively, for failure to prosecute. (Show Cause Response due by 5/1/2019.) Signed by Magistrate Judge Christopher L. Ray on 4/24/19. (jrb)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF GEORGIA
SAVANNAH DIVISION
JOHN C. MARR, as assignee
of Matthew T. Zirtzman,
Plaintiff,
v.
USAA GENERAL INDEMNITY
COMPANY,
Defendant.

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CV418-094

ORDER
Plaintiff filed this bad-faith-failure-to-settle claim in the Northern
District of Georgia on April 24, 2018.1 See doc. 1. Before it was served, it
was transferred to this District. See doc. 2. Since that transfer, it appears
that plaintiff has taken no further action to serve the defendant or
otherwise prosecute this case.
The Federal Rules provide that “[i]f a defendant is not served within
90 days after the complaint is filed, the court—on motion or on its own
after notice to the plaintiff—must dismiss the action without prejudice

The Court notes that the Complaint is undated. See doc. 1 at 12. The Court,
therefore, relies on the date that the Complaint was filed by the Northern District’s
Clerk of Court.
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against that defendant or order that service be made within a specified
time.” Fed. R. Civ. P. 4(m). The Rule’s 90-day period has long since
passed. Plaintiff, therefore, is DIRECTED to respond within seven days
and SHOW CAUSE why this case should not be dismissed for failure to
serve the defendant or, alternatively, for failure to prosecute. See id.; see
also Fed. R. Civ. P. 41(b); Link v. Wabash R.R. Co., 370 U.S. 626, 630-31
(1962) (recognizing courts’ power “to clear their calendars of cases that have
remained dormant because of the inaction or dilatoriness of the parties
seeking relief.”).

ay
SO ORDERED, this 24th day of April, 2019.
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CHRISTOPHER
CHRISTOPHER L. RAY
OP
UNITED STATES MAGISTRA
MAGISTRATE JUDGE
SOUTHERN DISTRICT OF GEORGIA

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