Emergency Services Billing Corporation Inc v. Discover Property & Casualty Insurance Company et al

Filing 6

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 5 Report and Recommendations. The Court ORDERS that this case be DISMISSED WITHOUT PREJUDICE for failure to complete process pursuant to Rule 4(m) of the Federal Rules of Civil Procedure. Signed by Judge Theresa L Springmann on 9/19/11. (cer)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF INDIANA
FORT WAYNE DIVISION
EMERGENCY SERVICES BILLING
CORPORATION, INC.,
Individually and as Agent of
MONROEVILLE FIRE DEPARTMENT
Plaintiff,
v.
DISCOVER PROPERTY & CASUALTY
INSURANCE COMPANY, RESILITE
SPORTS PRODUCTS INC, and KEITH
PAGE
Defendants.

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CAUSE NO. : 1:11-CV-36-TLS

ORDER
This matter is before the Court on a Report and Recommendations [ECF No. 5] issued by
Magistrate Judge Roger B. Cosbey on September 13, 2011, recommending dismissal of this
cause without prejudice under Federal Rule of Civil Procedure 4(m). The Court is advised,
pursuant to a Notice [ECF No. 4] filed August 10, 2011, that this action has been pending for
more than one hundred twenty (120) days without service of process on the Defendants.
The Court being duly advised ORDERS this cause of action DISMISSED WITHOUT
PREJUDICE for failure to complete process pursuant to Rule 4(m) of the Federal Rules of Civil
Procedure as to Defendants Discover Property & Casualty Insurance Company, Resilite Sports
Products Inc., and Keith Page.
SO ORDERED on September 19, 2011.
s/ Theresa L. Springmann
THERESA L. SPRINGMANN
UNITED STATES DISTRICT COURT