Chevron U.S.A., Inc. et al v. Reitz et al

Filing 11

ORDER that the plaintiffs shall show cause why this case should not be dismissed for failure to prosecute or electronically file proof of service on or before November 10, 2009. Ordered by Magistrate Judge Thomas D. Thalken. (ADB, )

IN THE UNITED STATES DISTRICT COURT F O R THE DISTRICT OF NEBRASKA C H E V R O N U.S.A., INC., et al., P l a in tif f s , vs . A. RANDAL REITZ and D E B R A K. REITZ, D e f e n d a n ts . ) ) ) ) ) ) ) ) ) )

8 :0 9 C V 2 0 3 ORDER

T h is matter is before the court sua sponte and pursuant to NECivR 41.2, which states in pertinent part: "At any time, a case not being prosecuted with reasonable diligence may be d is m is s e d for lack of prosecution." Further, Fed. R. Civ. P. 4(m) establishes a 120-day time lim it for service of process on the defendant in a civil case, absent a showing of good cause. In this case the complaint was filed on June 22, 2009. See Filing No. 1. Accordingly, th e deadline for service of process expired on or about October 22, 2009. The plaintiffs s o u g h t and received leave to serve by publication on July 21, 2009. See Filing No. 10. H o w e v e r, there is no proof of service of process on either defendant. Therefore, the plaintiffs m u s t make a showing of service or good cause for the failure of timely service, or the action m u s t be dismissed. Upon consideration,

IT IS ORDERED: T h e plaintiffs shall show cause why this case should not be dismissed for failure to p ro s ec u te or electronically file proof of service on or before November 10, 2009. D a te d this 28th day of October, 2009. B Y THE COURT: s/Thomas D. Thalken U n ite d States Magistrate Judge