Sonnenberg v. Scheinberg et al

Filing 57

ORDER dismissing Oldford Group, LTD without prejudice. Signed by Chief Judge David R. Herndon on 1/13/2014. (slj)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
KELLY SONNENBERG, individually, and on
behalf of all others similarly situated,
Plaintiff,
-vsOLDFORD GROUP, LTD, et al,
Defendants.

NO. 13-cv-344-DRH
ORDER

HERNDON, Chief Judge
The First Amended Class Action Complaint was filed in St. Clair County Circuit
Court on January 25, 2013 and the Amended Notice of Removal was filed in this Court
on May 16, 2013. As of this date, the docket sheet does not indicate that service has
been made on defendant, Oldford Group, LTD, within the 120 days authorized by
Federal Rule of Civil Procedure 4(m). Rule 4(m) provides: “If a defendant is not served
within 120 days after the complaint is filed, the Court must dismiss the action without
prejudice against that defendant or order that service be made within a specified time.”
Electing to follow the first option, the Court dismisses this action without prejudice as to
defendant Oldford Group, LTD.
IT IS SO ORDERED.
DATED: January 13, 2014

Digitally signed by
David R. Herndon
Date: 2014.01.13
11:29:56 -06'00'
CHIEF JUDGE
U.S. DISTRICT COURT