Leibert v. Hartford Insurance Company of the Midwest

Filing 3

ORDER - IT IS ORDERED: The plaintiff have until the close of business on May 1, 2013, 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. (TCL )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
RODNEY LEIBERT,
Plaintiff,

8:12CV349

vs.
ORDER
HARTFORD INSURANCE COMPANY
OF THE MIDWEST,
Defendant.
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 October 2, 2012. See Filing No. 1. The
plaintiff has initiated no other action in this matter. There is no evidence in the record
the plaintiff sought a summons or served process. The deadline for service of process
expired on or about January 30, 2013. 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 have until the close of business on May 1, 2013, to file evidence of
service or show cause why this case should not be dismissed for failure to prosecute
the defendant.

Dated this 9th day of April, 2013.
BY THE COURT:
s/ Thomas D. Thalken
United States Magistrate Judge