Flah et al v. Regional Acceptance Corporation et al
Filing
36
ORDER - Based on the foregoing, and on all of the files, records, and proceedings herein, IT IS HEREBY ORDERED THAT: Defendant Roland Pickner's motion to dismiss for insufficient service of process 25 is DENIED WITHOUT PREJUDICE. Plaintiffs must properly serve the summons and complaint on defendant Roland Pickner no later than July 31, 2014. The hearing scheduled for July 8, 2014 is CANCELED. (Written Opinion). Signed by Judge Patrick J. Schiltz on 05/28/14. (BJS)
UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA
AMY DAWON FLAH and A.W., a minor, by
and through her parent and natural guardian,
Amy Dawon Flah,
Plaintiffs,
Case No. 14-CV-0264 (PJS/FLN)
ORDER
v.
REGIONAL ACCEPTANCE
CORPORATION; LOSS PREVENTION
SERVICES, LLC; KIM PICKNER, an
individual d/b/a Diversified Recovery
Solutions; ROLAND PICKNER, an
individual d/b/a Diversified Recovery
Solutions; CITY OF MAPLE GROVE;
DAVID HACKLEY, an individual officer of
the City of Maple Grove sued in his
individual capacity; TRAVIS POBUDA, an
individual officer of the City of Maple Grove
sued in his individual capacity,
Defendants.
This matter is before the Court on defendant Roland Pickner’s motion to dismiss for
insufficient service of process. See Fed. R. Civ. P. 12(b)(5). Under Fed. R. Civ. P. 4(m), “[i]f a
defendant is not served within 120 days after the complaint is filed, the court — on motion or on
its own after notice to the plaintiff — must dismiss the action without prejudice against that
defendant or order that service be made within a specified time.” The Court has reviewed the
papers submitted by Pickner. Those papers make it apparent that any failure by plaintiffs to
properly serve Pickner with a copy of the summons and complaint is the product of excusable
neglect. Accordingly, the Court declines to dismiss Pickner from this lawsuit at this time.
Instead, the Court orders that plaintiffs properly serve Pickner with a copy of the summons and
complaint no later than July 31, 2014. Should plaintiffs fail to serve Pickner by that date,
Pickner may renew his motion to dismiss under Rule 12(b)(5).
ORDER
Based on the foregoing, and on all of the files, records, and proceedings herein, IT IS
HEREBY ORDERED THAT:
1.
Defendant Roland Pickner’s motion to dismiss for insufficient service of process
[ECF No. 25] is DENIED WITHOUT PREJUDICE.
2.
Plaintiffs must properly serve the summons and complaint on defendant Roland
Pickner no later than July 31, 2014.
3.
The hearing scheduled for July 8, 2014 is CANCELED.
Dated: May 28, 2014
s/Patrick J. Schiltz
Patrick J. Schiltz
United States District Judge
-2-
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?