24 Hour Fitness USA v. Benak

Filing 6

ORDER- The plaintiff has until the close of business on May 21, 2012, to file evidence of service or show cause why this case should not be dismissed for failure to prosecute the defendant. Show Cause Deadline set for 5/21/2012. Ordered by Magistrate Judge Thomas D. Thalken. (MKR)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
24 HOUR FITNESS USA, INC.,
Plaintiff,
vs.
JOANN BENAK,
Defendant.

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8:11CV417
ORDER

This 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 dismissed for lack of prosecution.” Further, Fed. R. Civ. P. 4(m)
establishes a 120-day time limit 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 December 8, 2011. See Filing No. 1. The
plaintiff has initiated no other action in this matter. There is no evidence in the record the
plaintiff has sought summonses or served process. The deadline for service of process
expired on or about April 6, 2012. The defendant has not made an appearance. It remains

the plaintiff’s duty to go forward in prosecuting the case. Under the circumstances, the
plaintiff must make a showing of good cause for the failure of timely service or the action
must be dismissed against the defendant. Upon consideration,

IT IS ORDERED:
The plaintiff has until the close of business on May 21, 2012, to file evidence of
service or show cause why this case should not be dismissed for failure to prosecute the
defendant.
Dated this 7th day of May, 2012.
BY THE COURT:
s/ Thomas D. Thalken
United States Magistrate Judge