Agwerx Aviation, Inc. et al v. Small Business Administration et al

Filing 8

ORDER TO SHOW CAUSE Plaintiffs shall have until June 5, 2023, 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. (LRM)

8:23-cv-00051-MDN Doc # 8 Filed: 05/18/23 Page 1 of 1 - Page ID # 46

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
AGWERX AVIATION, INC., a Nebraska
corporation; SKYWERX AVIATION, INC.,
a Nebraska corporation; and TIMOTHY
HAUDER, an individual;

8:23CV51

ORDER TO SHOW CAUSE

Plaintiffs,
vs.
SMALL BUSINESS ADMINISTRATION,
SBA OFFICE OF HEARINGS AND
APPEALS, and ISABELLA GUZMAN,
Administrator, U.S. Small Business
Administration;
Defendants.

Federal Rule of Civil Procedure 4(m) 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. 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).
Plaintiffs filed the Complaint on February 8, 2023. (Filing No. 1). More than 90 days has
elapsed since the Complaint was filed. To date, Plaintiffs have not filed any return of service or
signed waiver indicating service on the defendants, the defendants have not entered a voluntary
appearance, and Plaintiffs have not requested an extension of time to complete service.
Accordingly,
IT IS ORDERED that Plaintiffs shall have until June 5, 2023, 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 18th day of May, 2023.
BY THE COURT:
s/Michael D. Nelson
United States Magistrate Judge