Leavell et al v. JPMorgan Chase Bank, Incorporated et al

Filing 21

ORDER Dismissing Edward Lee; Ella Yiannatji; Barnes & Racette, Incorporated and Guarantee Title and Trust, Incorporated for failure to serve. Signed by District Judge Sean F Cox. (JHer)

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION Robert Leavell and Joella Leavell, Plaintiffs, v. JP Morgan Chase Bank, Inc., et al., Defendants. ___________________________________________/ ORDER OF DISMISSAL This action was removed to this Court on December 26, 2008. A routine review of the docket revealed that no summons has been returned executed as to Defendants Barnes & Racette, Incorporated, Guarantee Title and Trust, Incorporated, Ella Yiannatji and Edward Lee, although the time for service under FED. P. CIV. P. 4(m) has expired. Accordingly, on July 6, 2009, this Court issued an "Order Directing Plaintiff to Show Cause," requiring Plaintiffs to show cause, in writing, no later than July 14, 2009, why this case should not be dismissed for failure to effect timely service of process as to the above named defendants (Docket Entry No. 20). Plaintiffs did not file any response that Order. Pursuant to this Court's July 6, 2009, Order Directing Plaintiff to Show Cause, and pursuant to FED. R. CIV. P. 4(m), IT IS ORDERED that Defendants Defendants Barnes & Racette, Incorporated, Guarantee Title and Trust, Incorporated, Ella Yiannatji and Edward Lee Case No. 08-15278 Honorable Sean F. Cox

are hereby DISMISSED WITHOUT PREJUDICE from this action. IT IS SO ORDERED. S/Sean F. Cox Sean F. Cox United States District Judge Dated: August 4, 2009 I hereby certify that a copy of the foregoing document was served upon counsel of record on August 4, 2009, by electronic and/or ordinary mail. S/Jennifer Hernandez Case Manager