VanDeWalle v. Hellbusch et al

Filing 4

ORDER - The plaintiff has until the close of business on November 15, 2016, to file with the Clerk of Court evidence of service for the defendants or show cause why this case should not be dismissed as against the defendants. Ordered by Magistrate Judge Thomas D. Thalken. (Copy mailed to pro se party)(GJG)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA

DONALD C. VANDEWALLE,
Plaintiff,

8:16CV340

vs.
ORDER
ROGER HELLBUSCH,
JANET HELLBUSCH,
TROY HELLBUSCH,
MARIANNE HELLBUSCH, and
RODNEY M. WETOVICK,
Defendants.
This matter is before the court after a review of the court file 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, Federal
Rule of Civil Procedure 4(m) establishes a 90-day time limit for service of process on
any defendant in a civil case, absent a showing of good cause. Specifically, the rule
mandates:
If a defendant is not served within 90 days after the
complaint is filed, the court -- on motion or on its own after
notice to the plaintiff -- must dismiss the action without
prejudice against that defendant or order that service be
made within a specified time. But if the plaintiff shows good
cause for the failure, the court must extend the time for
service for an appropriate period.
Fed. R. Civ. P. 4(m).
In this case the complaint was filed on July 11, 2016. See Filing No. 1. The
plaintiff has taken no further action against any of the defendants.

None of the

defendants have made an appearance. It remains the plaintiff’s duty to go forward in
prosecuting the case. In this case, the time elapsed for service prior to the plaintiff
seeking summons as to any defendant. The plaintiff failed to seek an extension of the
deadline to complete service or provide an explanation for the delay.

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 defendants. Upon consideration,

IT IS ORDERED:
The plaintiff has until the close of business on November 15, 2016, to file with
the Clerk of Court evidence of service for the defendants or show cause why this case
should not be dismissed as against the defendants.
Dated this 14th day of October, 2016.
BY THE COURT:
s/ Thomas D. Thalken
United States Magistrate Judge

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