Righthaven LLC v. Lundberg et al

Filing 8

ORDER DISMISSING CASE without prejudice. Signed by Judge James C. Mahan on 8/17/11. (Copies have been distributed pursuant to the NEF - ECS)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 DISTRICT OF NEVADA 6 7 8 RIGHTHAVEN LLC, 9 10 11 2:10-CV-2161 JCM (RJJ) Plaintiff, v. JOHN LUNDBERG, et al., 12 Defendants. 13 14 15 ORDER Presently before the court is the matter of Righthaven LLC v. Lundberg, et. al. (Case No. 16 17 2:10-cv-02161-JCM-RJJ). 18 Federal Rule of Civil Procedure 4(m) provides: “If a defendant is not served within 120 days 19 after the complaint is filed, the court—on motion or on its own after notice to the plaintiff—must 20 dismiss the action without prejudice.” 21 Plaintiff filed the complaint on December 14, 2010. (Doc. #1). Pursuant to Federal Rule of 22 Civil Procedure 4(m), on July 12, 2011, the clerk of the court provided notice to plaintiff that the 23 action would be dismissed as to all defendants, if plaintiff did not file proof of service of process by 24 August 11, 2011. (Doc. #7). 25 To date, plaintiff has failed to file proof of service with the court as to any defendant. 26 Accordingly, 27 28 James C. Mahan U.S. District Judge ... 1 2 3 IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the above-captioned case be, and the same hereby is, DISMISSED without prejudice. DATED August 17, 2011. 4 5 UNITED STATES DISTRICT JUDGE 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 -2-

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