J & J Sports Productions, Inc. v. Evans et al

Filing 16

MEMORANDUM AND ORDER IT IS HEREBY ORDERED that this action is dismissed without prejudice for failure to effect service of process as required pursuant to Federal Rule of Civil Procedure 4(m). Signed by District Judge Audrey G. Fleissig on 4/18/2014. (NCL)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION

J & J SPORTS PRODUCTIONS, INC.,
Plaintiff,
v.
JENNIFER EVANS, et al.,

Defendants.

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Case No. 4:13CV01091 AGF

MEMORANDUM AND ORDER
This matter is before the Court on its own motion. Plaintiff filed this action on
June 10, 2013. The summonses issued at the time the case was filed were returned
unexecuted on July 18, and July 29, 2013. Thereafter, Plaintiff requested the issuance of
alias summonses. The alias summonses also were returned unexecuted on December 11,
2013. On December 20, 2013, Plaintiff moved for and was granted leave to attempt to
serve the Defendants despite the passage of the 120 day service period mandated by the
Federal Rules of Civil Procedure. See Fed. R. Civ. P. 4(m). The Court granted Plaintiff
additional time, through March 12, 2014, to effect service. On March 26, 2014, because
Plaintiff had not filed proof of service with respect to either Defendant, the Court issued
an order requiring Plaintiff to show cause not later than April 5, 2014, why the action
should not be dismissed for failure to serve Defendants. As of the date of this Order,
Plaintiff has filed neither a response to the Court’s order to show cause nor proof of
service.

Accordingly,
IT IS HEREBY ORDERED that this action is dismissed without prejudice for
failure to effect service of process as required pursuant to Federal Rule of Civil Procedure
4(m).
________________________________
AUDREY G. FLEISSIG
UNITED STATES DISTRICT JUDGE
Dated this 18th day of April, 2014.

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