Price v. Daigre et al

Filing 24

ORDER denying 16 Motion to Dismiss Signed by Honorable David C. Bramlette, III on 5-1-09 (Ward, Edwin)

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF MISSISSIPPI WESTERN DIVISION JOHN PRICE VS. PLAINTIFF CIVIL ACTION NO. 5:08-cv-16(DCB)(JMR)

JANET HYLAND DAIGRE; JOHN L. HYLAND, III; LOOSA YOKENA, L.P.; THE UNITED STATES ARMY CORPS OF ENGINEERS; JOHN DOES 1-10

DEFENDANTS

ORDER This cause is before the Court on defendants Janet Hyland Daigre, John L. Hyland, III and Loosa Yokena, LP's motion to dismiss (docket entry 16) pursuant to Rule 4(m) of the Federal Rules of Civil Procedure. Having carefully considered the motion

as well as the pleadings and the record in this case, the Court finds as follows: This cause of action was filed by the plaintiff on February 5, 2008. Service was not effectuated upon these defendants within one hundred twenty days after the complaint was filed, as required by Fed.R.Civ.P. 4(m). However, on December 22, 2008, the plaintiff

was granted an extension of time, until January 30, 2009, to serve the defendants. The three movant defendants were served with The defendants' motion is therefore

process on January 22, 2009. not well taken. Accordingly,

IT IS HEREBY ORDERED that defendants Janet Hyland Daigre, John L. Hyland, III and Loosa Yokena, LP's motion to dismiss (docket

entry 16) is DENIED. SO ORDERED, this the 1st day of May, 2009.

/s/ David Bramlette UNITED STATES DISTRICT JUDGE

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