Resendiz v. Spartanash Associates
ORDER - Accordingly, this case is dismissed without prejudice. IT IS SO ORDERED. Ordered by Chief Judge Robert F. Rossiter, Jr. (Copy mailed to pro se party)(TCL)
8:22-cv-00173-RFR-CRZ Doc # 17 Filed: 01/18/23 Page 1 of 2 - Page ID # 41
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
On September 30, 2022, defendant SpartanNash Associates (“SpartanNash”) filed
a Motion to Dismiss under Federal Rule of Civil Procedure 12(b)(5) (Filing No. 11),
arguing pro se plaintiff Gustavo Resendiz (“Resendiz”) failed to properly serve process
under Federal Rule of Civil Procedure 4. In particular, SpartanNash faulted Resendiz for
“failing to deliver the summons to an authorized individual at SpartanNash and” for
“attempting to serve process as a party in this litigation.”
On December 8, 2022, the Court decided SpartanNash’s arguments had merit yet
denied the motion to allow Resendiz “a reasonable opportunity to properly serve
SpartanNash under Rule 4” (Filing No. 16). Giving Resendiz forty days, the Court
warned him that failing to do so “could result in the dismissal of this case without further
Despite that warning and ample opportunity to comply with Rule 4, Resendiz
failed to perfect service and file a proof of service as required. Accordingly, this case is
dismissed without prejudice.
IT IS SO ORDERED.
8:22-cv-00173-RFR-CRZ Doc # 17 Filed: 01/18/23 Page 2 of 2 - Page ID # 42
Dated this 18th day of January 2023.
BY THE COURT:
Robert F. Rossiter, Jr.
Chief United States District Judge
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