On Stage Entertainment, Inc. v. LIC Theatres, LLC

Filing 7

ORDER DISMISSING CASE without prejudice for failure to serve Defendant in compliance with Rule 4(m). Signed by Judge Kent J. Dawson on 6/21/11. (Copies have been distributed pursuant to the NEF - ECS)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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ON STAGE ENTERTAINMENT, INC.,
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Plaintiff,

Case No. 2:11-CV-00086-KJD-LRL

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v.

ORDER

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LIC THEATRES, LLC,
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Defendant.
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Plaintiff’s Complaint (#1) was filed January 18, 2011. Federal Rule of Civil Procedure 4(m)
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requires service of summons and complaint to be made upon a defendant 120 days after the filing of
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the complaint. The 120 day time period for effecting service of the summons and complaint upon
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Defendant expired no later than May 18, 2011. On May 19, 2011, the Court ordered Plaintiff to file
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proof of service of the summons and complaint no later than June 6, 2011, and warned Plaintiff that
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failure to do so would result in the complaint against Defendant being dismissed without prejudice.
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Plaintiff has failed to file proof of service on Defendant, or to otherwise respond to the
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Court’s order. Therefore, the Court dismisses Plaintiff’s complaint without prejudice against
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Defendant for failure to serve Defendant in compliance with Rule 4(m). The Clerk of the Court

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shall close this case.

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IT IS SO ORDERED.

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DATED this 21st day of June 2011.

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_____________________________
Kent J. Dawson
United States District Judge

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