Securities and Exchange Commission v. Marimuthu et al

Filing 41

ORDER TO SHOW CAUSE. On or before December 15, 2008, plaintiff shall either: (1) effect service on the remaining defendants and file proof of same with the court or (2) show cause why this case should not be dismissed without prejudice for failure to effect service within the time limit specified in Fed. R. Civ. P. 4(m). Show Cause Deadline set for 12/15/2008. Ordered by Magistrate Judge F. A. Gossett. (CLS, )

IN THE UNITED STATES DISTRICT COURT F O R THE DISTRICT OF NEBRASKA S E C U R IT I E S AND EXCHANGE C O M M IS S IO N , P l a i n t i f f, vs. J A I S A N K A R MARIMUTHU and C H O C K A L IN G A M RAMANATHAN, D e f e n d a n t s. ) ) ) ) ) ) ) ) ) ) )

8 :0 7 C V 9 4 O R D E R TO SHOW CAUSE

T h is matter is before the court on the court's own motion pursuant to Fed. R. Civ. P. 4 (m ), which states in pertinent part: If a defendant is not served within 120 days after the complaint is filed, the c o u rt­ o n motion or on its own after notice to the plaintiff­must dismiss the a c tio n without prejudice against that defendant or order that service be made w ith in a specified time. But if the plaintiff shows good cause for the failure, th e court must extend the time for service for an appropriate period. T h e court file shows that this case was filed on March 12, 2007, and the 120-day p e rio d has expired. Although the matter was settled as to a third defendant, the record does n o t show that the plaintiff has effected service upon the above-captioned defendants. I T THEREFORE IS ORDERED that, on or before December 15, 2008, plaintiff s h a ll either: (1) effect service on the remaining defendants and file proof of same with the co u rt or (2) show cause why this case should not be dismissed without prejudice for failure to effect service within the time limit specified in Fed. R. Civ. P. 4(m). D A T E D November 26, 2008. B Y THE COURT: s / F.A. Gossett U n ite d States Magistrate Judge