Righthaven LLC v. Newman

Filing 9

NOTICE of intent to dismiss pursuant to FRCP 4(m). The complaint in this action was filed on* 10/12/10.* To date no proper proof of service has been filed as to*Garry Newman.* FRCP 4(m) dismissal deadline set for 3/18/2011. (SRK)

UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

RIGHTHAVEN LLC,
Plaintiff(s),

2:10−cv−01762−JCM−PAL

vs.
GARRY NEWMAN,

February 16, 2011

Defendant(s).

NOTICE REGARDING INTENTION TO DISMISS PURSUANT TO
RULE 4(m) OF THE FEDERAL RULES OF CIVIL PROCEDURE
To: Righthaven LLC
Federal Rule of Civil Procedure 4(m) provides, in part, as follows:
". . . . If service of the summons and complaint is not made upon a defendant within
120 days after the filing of the complaint, the court, upon motion or on its own
initiative after notice to the plaintiff, shall dismiss the action without prejudice as to
that defendant or direct that service be effected within a specified time; provided
that if the plaintiff shows good cause for the failure, the court shall extend the time
of service . ."
Be Advised the official record in this action reflects the complaint was filed herein on
10/12/10. Further, to date there has been no proof of service filed as to the following parties: Garry
Newman.

Notice is hereby given that this action shall be dismissed without prejudice as to said
party(ies) unless on or before 03/18/2011 there is filed with the clerk proof of service on the
above-named party(ies), which service must have taken place prior to the expiration of the
120-day time limit set forth in Fed.R.Civ.P. 4(m), or good cause is shown why such service was
not made in that period.
Failure to comply with this Notice shall result in automatic dismissal of the action without
prejudice as to said party(ies).
LANCE S. WILSON, CLERK
By: /s/ Shannon R Kirkpatrick
Deputy Clerk