Rock Medical Group, LLC v. Nichols

Filing 7

ORDER TO SHOW CAUSE - Plaintiffs shall have until June 12, 2023, to show cause why this case should not be dismissed for failure to prosecute and/or failure to serve 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. (NMW)

8:23-cv-00052-RFR-MDN Doc # 7 Filed: 05/22/23 Page 1 of 1 - Page ID # 34

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
ROCK MEDICAL GROUP, LLC, a
Nebraska limited liability company;
8:23CV52
Plaintiff,

ORDER TO SHOW CAUSE

vs.
KAYLA NICHOLS,
Defendant.

Plaintiff filed the Complaint on February 9, 2023. (Filing No. 1).

On April 14, 2023,

Plaintiff filed a Waiver of Service purporting to show an attorney, Hannah E. Frankel, agreed to
accept and waive service on behalf of Defendant. (Filing No. 6). Defendant subsequently advised
the Clerk of Court that Ms. Frankel was not retained by Defendant in this case. See May 8, 2023
– Public Remark. To date, Defendant has not filed any responsive pleading and Plaintiff has taken
no further action in this case. Plaintiff has a duty to both serve Defendant and to prosecute the
case, and may, for example, seek default in accordance with the applicable rules, voluntarily
dismiss the case, request additional time to serve Defendant, or take other appropriate action. See
NECivR 41.2. (“At any time, after appropriate notice, a case not being prosecuted with reasonable
diligence may be dismissed for lack of prosecution.”); 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 Plaintiffs shall have until June 12, 2023, to show cause why this
case should not be dismissed for failure to prosecute and/or failure to serve 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 22nd day of May, 2023.
BY THE COURT:
s/Michael D. Nelson
United States Magistrate Judge