McGlothin v. Mason et al

Filing 16

ORDER Dismissing the plaintiff's claims against Andrew W. Mason, City of Biloxi, and Biloxi Fire Department Without Prejudice for Failure to Timely Serve Process. Signed by Chief District Judge Louis Guirola, Jr., on 10/31/2017. (BR)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF MISSISSIPPI
SOUTHERN DIVISION
JESSICA C. McGLOTHIN

PLAINTIFF

v.

CAUSE NO.1:17cv83-LG-RHW

ANDREW W. MASON, CITY
OF BILOXI, BILOXI FIRE
DEPARTMENT, and STATE
FARM MUTUAL
INSURANCE COMPANY

DEFENDANTS

ORDER DISMISSING PLAINTIFF’S CLAIMS AGAINST ANDREW
W. MASON, CITY OF BILOXI, AND BILOXI FIRE DEPARTMENT
THIS MATTER IS BEFORE THE COURT pursuant to the Order to Show
Cause [15] entered by United States Magistrate Judge Robert H. Walker. The
plaintiff Jessica C. McGlothin did not respond to the Order to Show Cause. After
reviewing the record in this matter and the applicable law, the Court finds that the
plaintiff’s claims against Andrew W. Mason, City of Biloxi, and Biloxi Fire
Department should be dismissed due to the plaintiff’s failure to demonstrate that
she timely served process on these defendants.
DISCUSSION
The plaintiff filed this lawsuit in the Circuit Court of Harrison County,
Mississippi, as a result of an automobile accident in which Mason’s vehicle rearended the plaintiff’s vehicle. The plaintiff claims that Mason was acting in the
course and scope of his employment with the Biloxi Fire Department or the City of
Biloxi at the time of the accident. She also sued her insurer, State Farm, seeking
uninsured motorist coverage because the City of Biloxi has claimed governmental

immunity. State Farm removed the case to this Court alleging that diversity of
citizenship exists because Mason, the City of Biloxi, and the Biloxi Fire Department
were fraudulently misjoined as defendants.
On October 4, 2017, Judge Walker entered an Order [15] requiring the
plaintiff to show cause why her claims against Mason, the City of Biloxi, and the
Biloxi Fire Department should not be dismissed for failure to timely serve process.
The plaintiff did not respond to the Order, and the time for filing a response has
expired. As a result, the plaintiff has not demonstrated that she timely served
Mason, the City of Biloxi, and the Biloxi Fire Department with process. The
plaintiff’s claims against Mason, the City of Biloxi, and the Biloxi Fire Department
are hereby dismissed without prejudice pursuant to Fed. R. Civ. P. 4(m).
IT IS, THEREFORE, ORDERED AND ADJUDGED that the plaintiff’s
claims against Andrew W. Mason, City of Biloxi, and Biloxi Fire Department are
hereby DISMISSED WITHOUT PREJUDICE.
SO ORDERED AND ADJUDGED this the 31st day of October, 2017.
s/

Louis Guirola, Jr.

Louis Guirola, Jr.
Chief United States District Judge

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