Goodwin v. Omaha World Herald

Filing 8

MEMORANDUM AND ORDER - Plaintiff shall have until November 21, 2012, to show cause why this case should not be dismissed. If Plaintiff does not respond, or if good cause is not shown, this action will be dismissed without prejudice and without furt her notice. The clerk's office is directed to set a pro se case management deadline with the following text: November 21, 2012: deadline for Plaintiff to show cause why service of process was not completed. Defendant's Motion to Dismiss (Filing No. 6 ), including Defendant's argument that service was also ineffective under Federal Rule of Civil Procedure 4(h), is held in abeyance until after Plaintiff is given an opportunity to show cause. Ordered by Judge John M. Gerrard. (Copy mailed to pro se party)(GJG)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
ALICE GOODWIN,
Plaintiff,
v.
OMAHA WORLD HERALD,
Defendant.

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8:12CV73

MEMORANDUM
AND ORDER

This matter is before the court on its own motion. Plaintiff filed a Complaint
and paid a $350.00 filing fee on February 21, 2012. (Filing No. 1.) Also on February
21, 2012, the clerk’s office gave to Plaintiff one blank summons form for use in
completing service of process on Defendant. (Filing No. 2.) Plaintiff attempted to
complete service of process on Defendant by sending the Complaint and summons
form by certified mail on July 5, 2012. (Filing No. 5 at CM/ECF p. 3.)
Federal Rule of Civil Procedure 4 requires that service of process be completed
“within 120 days after the complaint is filed.” Fed. R. Civ. P. 4(m). A court must
extend the time for service if a plaintiff shows there was “good cause” for the failure
to serve within 120 days. Id.; Adams v. AlliedSignal Gen. Aviation Avionics, 74 F.3d
882, 887 (8th Cir. 1996).
Here, Plaintiff did not attempt service of process until July 5, 2012, which was
135 days after she filed the Complaint. Defendant has filed a Motion to Dismiss in
which it argues, among other things, that it was not served within 120 days. (Filing
Nos. 6 and 7.) Plaintiff has not responded to Defendant’s Motion to Dismiss, and the
time in which to do so has now passed. In addition, Plaintiff has not asked the court
to extend the time for service. However, on the court’s own motion, the court will
give Plaintiff until November 21, 2012, to show cause why this case should not be
dismissed without prejudice for her failure to serve Defendant within 120 days.

IT IS THEREFORE ORDERED that:
1.
Plaintiff shall have until November 21, 2012, to show cause why this
case should not be dismissed. If Plaintiff does not respond, or if good cause is not
shown, this action will be dismissed without prejudice and without further notice.
2.
The clerk’s office is directed to set a pro se case management deadline
with the following text: November 21, 2012: deadline for Plaintiff to show cause
why service of process was not completed.
3.
Defendant’s Motion to Dismiss (Filing No. 6), including Defendant’s
argument that service was also ineffective under Federal Rule of Civil Procedure 4(h),
is held in abeyance until after Plaintiff is given an opportunity to show cause.
DATED this 23rd day of October, 2012.
BY THE COURT:
s/ John M. Gerrard
United States District Judge

*This opinion may contain hyperlinks to other documents or Web sites. The U.S. District Court for the District
of Nebraska does not endorse, recommend, approve, or guarantee any third parties or the services or products they
provide on their Web sites. Likewise, the court has no agreements with any of these third parties or their Web sites. The
court accepts no responsibility for the availability or functionality of any hyperlink. Thus, the fact that a hyperlink ceases
to work or directs the user to some other site does not affect the opinion of the court.

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