Banks v. Kale et al

Filing 25

STRICKEN PER DOC#26-MEMORANDUM AND ORDER TO SHOW CAUSE.( Show Cause Response due by 8/8/2014.) Signed by Judge J. Phil Gilbert on 7/10/2014. (jdh) Modified on 7/10/2014 (jdh).

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
ROBERT ROSS BANKS,
Plaintiff,
vs.

Case No. 13-cv-559-JPG-PMF

ALOK KALE, PRESTON HUMPHREY Esq,
LLC and ABC INSURANCE COMPANY,
Defendants.

MEMORANDUM AND ORDER
This matter comes before the Court for case management purposes. Plaintiff Robert Ross
Banks filed his complaint on December 26, 2013. Pursuant to Federal Rule of Civil Procedure
4(m), a plaintiff must serve a defendant within 120 days of filing the complaint. If the plaintiff
fails to obtain service within that time frame, “the court – on motion or on its own motion after
notice to the plaintiff – must dismiss the action without prejudice against that defendant or order
that service be made within a specified time.” Fed. R. Civ. P. 4(m). Here, clearly more than 120
days have elapsed since Banks filed his complaint and he has yet to properly effectuate service
on defendants Alok Kale and ABC Insurance Company. Accordingly, the Court ORDERS
Banks to SHOW CAUSE on or before August 8, 2014, why his failure to properly serve
defendants Alok Kale and ABC Insurance Company should not result in dismissal of his action
against those defendants.

IT IS SO ORDERED.
DATED: July 10, 2014
s/ J. Phil Gilbert
J. PHIL GILBERT
DISTRICT JUDGE