Farmer-Kiefe v. UMC Hospital et al

Filing 39

ORDER that Plaintiff shall provide proof of proper service upon Defendants Hoffman and Aranas on or before 11/19/2010. Signed by Judge Kent J. Dawson on 10/26/10. (Copies have been distributed pursuant to the NEF - EDS)

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Farmer-Kiefe v. UMC Hospital et al Doc. 39 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Defendants. 15 16 Pursuant to Fed. R. Civ. P. 4(m), a Plaintiff must serve a copy of summons and complaint 17 upon all defendants within 120 days of the filing of the complaint. Failure to provide notice of 18 proper notice of service will result in dismissal of the action. 19 Here, Plaintiff's Complaint was filed on May 1, 2009. Accordingly, pursuant to Rule 4(m) 20 service was required on or before August 31, 2009. On October 28, 2010, service was returned 21 unexecuted as to proposed Defendant Dr. Hoffman. (See #18). Subsequently, Magistrate Judge 22 Lawrence R. Leavitt issued an Order (#30) granting Defendant Aranas's Motion to Quash Summons, 23 upon finding that Plaintiff's attempt to serve Defendant Aranas on October 27, 2009, was ineffective. 24 25 26 v. UNIVERSITY MEDICAL CENTER, et al., DANIEL A. FARMER-KIEFE, Plaintiff, Case No. 2:08-CV-01561-KJD-LRL ORDER UNITED STATES DISTRICT COURT DISTRICT OF NEVADA Dockets.Justia.com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 To date, Plaintiff has failed to provide proof of proper service upon Defendants Hoffman and Aranas. As all other Defendants to this action have been terminated pursuant to previous Court rulings (see ##6,8), Plaintiff is ordered to provide proof of proper service upon Defendants Hoffman and Aranas on or before November 19, 2010. Failure to comply with this Order will result in dismissal of the action. IT IS HEREBY ORDERED that Plaintiff shall provide proof of proper service upon Defendants Hoffman and Aranas on or before November 19, 2010. Failure to comply with this Order will result in dismissal of Plaintiff's action. DATED this 26th day of October, 2010. _____________________________ Kent J. Dawson United States District Judge 2

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