Weinstein v. Preferred Home Mortgage Company et al

Filing 24

ORDER DISMISSING Defendant Joe Scallion without Prejudice per 17 Notice Regarding Intention to Dismiss Pursuant to RULE 4(m) of the Federal Rules of civil procedure; Joe Scallion terminated. Signed by Judge James C. Mahan on 11/4/2010. (Copies have been distributed pursuant to the NEF - DXS)

Weinstein v. Preferred Home Mortgage Company et al

Doc. 24

1 2 3 4 UNITED STATES DISTRICT COURT 5 DISTRICT OF NEVADA 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
James C. Mahan U.S. District Judge

YVETTE WEINSTEIN, Plaintiff, v. PREFERRED HOME MORTGAGE COMPANY, et al., Defendants.

2:10-CV-1098 JCM (LRL)

ORDER Presently before the court is the matter of Weinstein v. Preferred Home Mortgage Company et al (Case No. 2:10-cv-01098-JCM-LRL), which was consolidated with Weinstein v. Preferred Home Mortgage Company et al (Case No. 2:10-cv-01125-JCM-LRL.) on October 4, 2010, pursuant to the court's orders (doc. # 18 and #19). Federal Rule of Civil Procedure 4(m) provides: "If a defendant is not served within 120 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." Plaintiff filed her complaint on February 25, 2010. Pursuant to Federal Rule of Civil Procedure 4(m), on September 28, 2010, the clerk of the court provided notice to the plaintiff that the action would be dismissed as to defendant Joe Scallion, if she did not file proof of service of process by October 28, 2010. (Doc. # 17). ... ...

Dockets.Justia.com

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To date, plaintiff has failed to file proof of service with the court as to defendant Joe Scallion. IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the case as to defendant Joe Scallion be, and the same hereby is, DISMISSED without prejudice. DATED November 4, 2010.

UNITED STATES DISTRICT JUDGE 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
James C. Mahan U.S. District Judge

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