Chambers v. Bimbo Bakery et al

Filing 14

ORDER TO SHOW CAUSE - Plaintiff shall have until August 22, 2022, to show cause why this case should not be dismissed pursuant to Federal Rule of Civil Procedure 4(m), or take other appropriate action. The failure to timely comply with this order may result in dismissal of this action without further notice. Ordered by Magistrate Judge Michael D. Nelson. (Copy mailed to pro se party)(MKR)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
KAYOKA D. CHAMBERS,
Plaintiff,

8:19CV200

ORDER TO SHOW CAUSE

vs.
BIMBO BAKERY, and BIMBO BAKERIES
USA, INC.;
Defendants.

This matter is before the Court sua sponte after review of the docket. On April 29, 2022,
Senior United States District Judge Richard G. Kopf entered a Memorandum and Order after initial
review of Plaintiff’s Amended Complaint, and found that Plaintiff’s claims for discrimination and
retaliation under Title VII and the NFEPA may proceed to service of process. (Filing No. 12). Judge
Kopf explained that, to obtain service of process on the Defendants, Plaintiff must complete and
return summons forms provided by the Clerk of Court. Because Federal Rule of Civil Procedure
4(m) requires a plaintiff to serve a defendant within 90-days after the complaint is filed, Judge Kopf
granted Plaintiff an additional 90-days from the date of his order to complete service of process.
More than 90 days has elapsed since Judge Kopf entered his order. To date, there is no
indication that Plaintiff completed the summons forms as directed; Defendants have not entered a
voluntary appearance or otherwise appeared; and Plaintiff has not requested an extension of time to
complete service of process. Therefore, Plaintiff must show cause why this case should not be
dismissed for failure to serve the defendants. See Fed. R. Civ. P. 4(m) (“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.”). Accordingly,
IT IS ORDERED that Plaintiff shall have until August 22, 2022, to show cause why this
case should not be dismissed pursuant to Federal Rule of Civil Procedure 4(m), or take other
appropriate action. The failure to timely comply with this order may result in dismissal of this action
without further notice.

Dated this 1st day of August, 2022.
BY THE COURT:
s/Michael D. Nelson
United States Magistrate Judge

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