Williams v. Werner Enterprises, Inc. et al

Filing 14

MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that this case is dismissed without prejudice against Mr. McGhee. IT IS FURTHER ORDERED that the stay in this case is lifted. Signed by District Judge Stephen N. Limbaugh, Jr on 5/31/2018. (JMC)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
SOUTHEASTERN DIVISION
JAMIE WILLIAMS,
Plaintiff,
v.
WERNER ENTERPRISES, INC., and
JEFFERY O. MCGHEE
Defendants.

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Case No. 1:17-CV-189-SNLJ

MEMORANDUM AND ORDER
This matter is before the Court on review of the file. This case was filed back in
October 2017. To date, defendant Jeffery McGhee has not been served. Under Rule
4(m) of the Federal Rules of Civil Procedure,
[i]f 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. But if the plaintiff shows good cause for the
failure, the court must extend the time for service for an appropriate period.
Fed. R. Civ. P. 4(m). On May 15, 2018, this Court gave plaintiff fourteen days to show
good cause for why Mr. McGhee has not been served. The fourteen-day period has
expired, and plaintiff has not shown good cause. Thus, Mr. McGhee is dismissed without
prejudice.
Accordingly,
IT IS HEREBY ORDERED that this case is dismissed without prejudice against
Mr. McGhee.

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IT IS FURTHER ORDERED that the stay in this case is lifted.

So ordered this

31st

day of May 2018.

STEPHEN N. LIMBAUGH, JR.
UNITED STATES DISTRICT JUDGE

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