Manche et al v. Meis

Filing 9

ORDER TO SHOW CAUSE - The plaintiffs have until the close of business on November 14, 2012, to file evidence of service or show cause why this case should not be dismissed for failure to prosecute the defendant. Ordered by Magistrate Judge Thomas D. Thalken. (AOA)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
EDWIN L. MANCHE, et al.,
Plaintiffs,
vs.
JEAN M. MEIS,
Defendant.

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8:12CV217
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 June 25, 2012. See Filing No. 1. The
plaintiffs have initiated no other action in this matter. There is no evidence in the record
the plaintiffs have sought a summons or served process. The deadline for service of
process expired on or about October 23, 2012.

The defendant has not made an

appearance. It remains the plaintiffs’ duty to go forward in prosecuting the case. Under
the circumstances, the plaintiffs 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 plaintiffs have until the close of business on November 14, 2012, to file
evidence of service or show cause why this case should not be dismissed for failure to
prosecute the defendant.
Dated this 30th day of October, 2012.
BY THE COURT:
s/ Thomas D. Thalken
United States Magistrate Judge