Kriege v. State of Hawaii Consumer Protection Division et al

Filing 63

ORDER DISMISSING WITHOUT PREJUDICE DEFENDANT MICHAEL A. NUSS - Signed by JUDGE DERRICK K. WATSON on 7/18/2017. Michael A. Nuss terminated. (emt, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Phillip B. Kriege served by first class mail to the address of record on July 18, 2017.

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF HAWAI‘I

PHILLIP B. KRIEGE,

CIVIL NO. 16-00324 DKW-KJM

Plaintiff,
ORDER DISMISSING WITHOUT
PREJUDICE DEFENDANT
MICHAEL A. NUSS

vs.
GREGG MORIMOTO; MICHAEL A.
NUSS; BRENDA ORTEZ PARKS; and
HARLEY PARKS,
Defendants.

On July 3, 2017, the Court denied Defendants’ Motion to Dismiss for lack of
service and granted Plaintiff Phillip B. Kriege a final extension of time in which to
serve Defendant Michael A. Nuss in accordance with Federal Rule of Civil
Procedure 4. Dkt. No. 61 (7/3/17 Order). The Court cautioned Kriege that failure
to properly serve Nuss and file a proof of service with the Court by July 13, 2017
would result in the dismissal of Nuss without prejudice. 7/3/17 Order at 2, 15.
The Court’s instructions to Kriege were clear—
The Court grants Kriege one final extension of time in which to
serve Nuss. The Court cautions Kriege that failure to properly
serve Nuss and file proof of that service with the Court by July
13, 2017 will result in Nuss’s dismissal without prejudice,
without further notice.
Id. at 15.

As of the date of this Order, however, Kriege has not filed proof of service as
directed or otherwise responded to the Court’s July 3, 2017 Order. Nuss is
accordingly dismissed without prejudice.
IT IS SO ORDERED.
DATED: July 18, 2017 at Honolulu, Hawai‘i.

/s/ Derrick K. Watson
Derrick K. Watson
United States District Judge

Kriege v. Morimoto et al., CV. NO. 16-00324 DKW-KJM; ORDER DISMISSING WITHOUT
PREJUDICE DEFENDANT MICHAEL A. NUSS

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