Majda v. Moray

Filing 18

ORDER - Defendant Brenna Moray shall have until December 28, 2016, to file with the Clerk of Court evidence of valid service for third-party defendants Thomas Majda, Samuel Troia, Charles O. Lutz-Priefert, and Patrick Buckley, or show cause why her Third-Party Complaint should not be dismissed for failure to prosecute. Ordered by Magistrate Judge F.A. Gossett. (GJG)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
THOMAS MAJDA, JR.,

)
)
Plaintiff,
)
)
v.
)
)
BRENNA M. MORAY,
)
)
Defendant/Third-Party Plaintiff, )
)
v.
)
)
THOMAS MAJDA, SAMUEL TROIA,
)
CHARLES O. LUTZ-PRIEFERT, and
)
PATRICK BUCKLEY,
)
)
Third-Party Defendants.

8:16CV363
ORDER

This matter comes before the court sua sponte after review of the court file.
On August 23, 2016, the defendant, Brenna M. Moray, filed a Third-Party
Complaint against nonparties Thomas Majda, Samuel Troia, Charles O. Lutz-Priefert, and
Patrick Buckley. (Filing No. 14). Rule 14 of the Federal Rules of Civil Procedure
provides, “A defending party may, as third-party plaintiff, serve a summons and complaint
on a nonparty who is or may be liable to it for all or part of the claim against it.” Fed. R.
Civ. P. 14(a)(1). Rule 4 governs service of a summons and complaint. Rule 4 provides,
“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.”
Fed. R. Civ. P. 4(m). The court must extend the time for service for an appropriate period
upon a plaintiff’s showing of good cause for the failure. Fed. R. Civ. P. 4(m).

1

There is no evidence in the record demonstrating that Moray has served the third
party defendants with a summons and the Third-Party Complaint in accordance with Fed.
R. Civ. P. 14(a)(1) and Fed. R. Civ. P. 4, and none of the third-party defendants have made
an appearance in this case. The 90-day deadline for service of process of the Third-Party
Complaint has expired. Moray failed to seek an extension of the deadline to complete
service on the third-party defendants or provide an explanation for the delay. Under the
circumstances, the Moray must make a showing of good cause for the failure to timely
serve the third-party defendants, or her Third-Party Complaint will be dismissed.
Accordingly,

IT IS ORDERED: Defendant Brenna Moray shall have until December 28,
2016, to file with the Clerk of Court evidence of valid service for third-party defendants
Thomas Majda, Samuel Troia, Charles O. Lutz-Priefert, and Patrick Buckley, or show
cause why her Third-Party Complaint should not be dismissed for failure to prosecute.

DATED: December 12, 2016.
BY THE COURT:
s/ F.A. Gossett
United States Magistrate Judge

2