Banks et al v. Citimortgage, Inc. et al

Filing 10

MEMORANDUM AND ORDER - Fed. R. Civ. Pro. 4 requires service of the complaint on a defendant within 120 days of filing the complaint. However, on the court's own motion, Plaintiffs shall have until June 18, 2012, to complete service of process . No further extensions of time to serve Defendants will be permitted. In the event that Plaintiffs fail to complete service of process on Defendants by June 18, 2012, this matter will be dismissed without prejudice and without further notice. Th e Clerk of Court is directed to set a pro se case management deadline in this case with the following text: "June 18, 2012: Check for completion of service of summons and dismiss if not completed". The parties are bound by the Federal Ru les of Civil Procedure and by the Local Rules of this court. Plaintiffs shall keep the court informed of their current address at all times while this case is pending. Failure to do so may result in dismissal. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party)(GJG)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
DENNIS A. BANKS, and JANET M. )
BANKS,
)
)
Plaintiffs,
)
)
v.
)
)
CITIMORTGAGE, INC., and
)
MORTGAGE ELECTRONIC
)
REGISTRATION SYSTEMS,
)
)
Defendants.
)

4:11CV3203

MEMORANDUM
AND ORDER

This matter is before the court on its own motion. On May 1, 2012, the court
ordered Plaintiffs to show cause why this case should not be dismissed for failure to
complete service of process. (Filing No. 8.) On May 3, 2012, Plaintiff Janet Banks
filed a Response. (Filing No. 9.) Liberally construed, Banks’ Response asks the court
to extend the time for her to complete service of process on Defendants. (Id.) She
states that she has been ill and has suffered some hardships while recovering from
cancer. (Id.) For good cause shown, Plaintiffs shall have until June 18, 2012, to
complete service of process. If Plaintiffs fail to complete service of process by June
18, 2012, this case will be dismissed without further notice. No further extensions
of time to serve Defendants will be permitted.
IT IS THEREFORE ORDERED that:
1.

Fed. R. Civ. Pro. 4 requires service of the complaint on a defendant

within 120 days of filing the complaint. However, on the court’s own motion,
Plaintiffs shall have until June 18, 2012, to complete service of process. No further
extensions of time to serve Defendants will be permitted.

2.

In the event that Plaintiffs fail to complete service of process on

Defendants by June 18, 2012, this matter will be dismissed without prejudice and
without further notice.
3.

The Clerk of Court is directed to set a pro se case management deadline

in this case with the following text: “June 18, 2012: Check for completion of service
of summons and dismiss if not completed”
4.

The parties are bound by the Federal Rules of Civil Procedure and by the

Local Rules of this court. Plaintiffs shall keep the court informed of their current
address at all times while this case is pending. Failure to do so may result in
dismissal.
DATED this 16 th day of May, 2012.
BY THE COURT:
Richard G. Kopf
Senior United States District Judge

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