Jackson v. Litton Loan Servicing LP

Filing 24

ORDER dismissing Plaintiff's complaint without prejudice against National Default Servicing Corporation for failure to serve Defendant in compliance with Rule 4(m). The Clerk shall close this case. Signed by Judge Kent J. Dawson on 10/20/11. (Copies have been distributed pursuant to the NEF - MMM)

1
2
3
4
5
6
7

UNITED STATES DISTRICT COURT

8

DISTRICT OF NEVADA

9
10

DARRELL JACKSON,

11

Plaintiff,

12

v.

13

Case No. 2:10-CV-01520-KJD-GWF

NATIONAL DEFAULT SERVICING
CORP., et al.,

ORDER

14
Defendants.
15
16
Plaintiff’s complaint was filed in state court on July 29, 2010. Federal Rule of Civil
17
Procedure 4(m) requires service of summons and complaint to be made upon a defendant 120 days
18
after the filing of the complaint. The 120 day time period for effecting service of the summons and
19
complaint upon Defendant National Default Servicing Corporation (“National”) expired no later than
20
November 29, 2010. On October 4, 2011, the Court ordered Plaintiff to file proof of service of the
21
summons and complaint no later than October 18, 2011, and warned Plaintiff that failure to do so
22
would result in the complaint against National being dismissed without prejudice.
23
////
24
////
25
////
26

1

Plaintiff has failed to file proof of service on Defendant National, or to otherwise respond to

2

the Court’s order. Therefore, the Court dismisses Plaintiff’s complaint without prejudice against

3

Defendant National Default Servicing Corporation for failure to serve Defendant in compliance with

4

Rule 4(m). The Clerk of the Court shall close this case.

5

IT IS SO ORDERED.

6

DATED this 20th day of October 2011.

7
8
9
10

_____________________________
Kent J. Dawson
United States District Judge

11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
2