Imperial Beef, LLC v. Boehs et al

Filing 39

ORDER - Defendant Thouvenal Harvesting, LLC dismissed as a party to this action. Ordered by Senior Judge Joseph F. Bataillon. (LKO)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA

IMPERIAL BEEF, LLC, a Nebraska limited
liability company;
4:18CV3053
Plaintiff,
ORDER

vs.
JOHN BOEHS and CHARLENE BOEHS,
husband and wife; STATE OF
NEBRASKA; THOUVENEL HARVESTING,
LLC, a Montana Limited liability company;
CHAD LUNDEEN; VALLEY BANK AND
TRUST COMPANY, a bank incorporated
by the laws of the State of Nebraska;
WYOMING STATE BANK, a Wyoming
corporation; and TRUSTEE ATTEBERY
FAMILY TRUST,
Defendants.

This matter is before the Court on its own motion. This is an interpleader action
that was removed from state court. The record shows that defendant Thouvenel
Harvesting, LLC (“Thouvenel”) has not been properly served with the Complaint. Filing
No. 1-1, Ex. A, State Court Filings. Further, the plaintiff and remaining defendants have
shown that Thouvenel no longer claims an interest in the property that is the subject of
this action. Filing No. 34, Stipulation, Ex. A, Termination of Lien. The plaintiff agrees
that Thouvenal should be dismissed as a party defendant. Id., Stipulation at 2.
Under Federal Rule of Civil Procedure 4(m), “[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.” Fed. R. Civ. P. 4. It therefore appears that

defendant Thouvenal Harvesting, LLC should be dismissed as a party to this case
under Fed. R. Civ. P. (4)(m) and pursuant to the Stipulation of the parties. Accordingly,
IT IS ORDERED THAT:
1.

Defendant Thouvenal Harvesting, LLC dismissed as a party to this action.
Dated this 19th day of October 2018.

BY THE COURT:
s/ Joseph F. Bataillon
Senior United States District Judge

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