Frierson v. Heartland Express et al
FINAL JUDGMENT DISMISSING GORDON TRUCKING, LLC.. Signed by Magistrate Judge Roy Percy on 9/11/17. (bnd)
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF MISSISSIPPI
CIVIL ACTION NO. 3:17CV93-RP
HEARTLAND EXPRESS, as the Parent
Company for Gordon Trucking, and
GORDON TRUCKING, LLC
Plaintiff Elizabeth Frierson filed suit in the Circuit Court of Marshall County, Mississippi
on April 12, 2017. Docket 2. On May 10, 2017, defendant Heartland Express filed a Notice of
Removal in the United States District Court for the Northern District of Mississippi, Oxford
Division. Docket 1. However, since it initiated litigation, plaintiff has not served defendant
Gordon Trucking, LLC despite the Notice of Incomplete Process filed by the Clerk of Court on
August 10, 2017, notifying plaintiff that no summons had been served on Gordon Trucking, LLC
and despite the Order to Show Cause entered by the undersigned directing plaintiff to show
cause why this matter should not be dismissed against Gordon Trucking, LLC by September 6,
2017. Docket 14, 16. Federal Rule of Civil Procedure 4(m) dictates “[if] a defendant is not
served within 90 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.”
Plaintiff having failed to serve process on Gordon Trucking, LLC as required by the rules
or to respond to the court’s Order to Show Cause, plaintiff’s claims against Gordon Trucking,
LLC are DISMISSED without prejudice.
This, the 11th day of September, 2017.
/s/ Roy Percy
UNITED STATES MAGISTRATE JUDGE
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