Briggs v. Gallatin County Sheriff's Office et al

Filing 5

ORDER to Show Cause. Response due by 5/25/2018. Signed by Magistrate Judge Jeremiah C. Lynch on 5/10/2018. (APP) Copy mailed to Daniel V. Biddulph

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
BUTTE DIVISION
KEVIN BRIGGS,
CV 18-10-BU-BMM-JCL
Plaintiff,
ORDER

vs.
GALLATIN COUNTY SHERIFF
OFFICE AND GALLATIN COUNTY
DETENTION CENTER; BRIAN
GOOTKIN, Sheriff, in his official
capacity; LIEUTENANT JASON
JARRETT, as an individual and in his
official capacity as jail administrator;
SERGEANT NICHOLAS WALISOR,
as an individual and in his official
capacity as detention officer;
CORPORAL DAVID LAUCHNOR,
as an individual and in his official
capacity as detention officer; JOHN
DOES 1-8, as individuals and in their
official capacities as detention officers,
Defendants.

Plaintiff Kevin Briggs filed his Complaint in this case on February 1, 2018.
On February 14, 2018, the Court issued an order scheduling a preliminary pretrial
conference for May 15, 2018, and directing the parties to file their joint discovery
plan, statement of stipulated facts, and preliminary pretrial statements by May 8,
2018. (Doc. 4). As of the date of this Order, no joint discovery plan, statement of
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stipulated facts, or preliminary pretrial statements have been filed, and Plaintiff has
not served his Complaint on any of the named Defendants.
Federal Rule of Civil Procedure 4(m) requires service of the complaint and
summons within 90 days “after the complaint is filed.” That deadline has passed.
Unless a plaintiff “shows good cause” for failing to timely serve a complaint on a
defendant, “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 specific time.” Fed. R. Civ. P. 4(m). Because the 90-day deadline
for service has passed, and no joint discovery plan, statement of stipulated facts, or
preliminary pretrial statements have been filed,
IT IS ORDERED that the May 15, 2018, preliminary pretrial conference is
VACATED.
IT IS FURTHER ORDERED that on or before May 25, 2018, Plaintiff shall
show good cause for failing to timely serve his complaint on Defendants. Plaintiff
is advised that if he fails to show good cause, this case will be dismissed without
prejudice under Rule 4(m).
DATED this 10th day of May, 2018.

______________________________
Jeremiah C. Lynch
United States Magistrate Judge
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