Rubio v. The Mortgage Outlet et al

Filing 14

ORDERED that this action is DISMISSED without prejudice as to defendant The Mortgage Outlet. Signed by Judge James C. Mahan on 9/23/11. (Copies have been distributed pursuant to the NEF - MMM)

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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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2:11-CV-550 JCM (RJJ)

JOSE RUBIO,
Plaintiff,
v.
THE MORTGAGE OUTLET, et al.,

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Defendants.

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ORDER
Presently before the court is the matter of Rubio v. The Mortgage Outlet et. al., (2:11-cv-

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00550-JCM-RJJ).

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Federal Rule of Civil Procedure 4(m) provides: “If a defendant is not served within 120 days

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after the complaint is filed, the court—on motion or on its own after notice to the plaintiff—must

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dismiss the action without prejudice.”

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Plaintiff Jose Rubio’s case was removed to this court on April 12, 2011. (Doc. #1). Pursuant

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to Federal Rule of Civil Procedure 4(m), on August 11, 2011, the clerk of the court provided notice

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to plaintiff that the action would be dismissed as to defendant The Mortgage Outlet if Rubio did not

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file proof of service of process by September 10, 2011. (Doc. #13).

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To date, the court has not received proof of service of process as to defendant The Mortgage
Outlet, as required under rule 4(m).

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James C. Mahan
U.S. District Judge

Accordingly,
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IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the above-captioned case

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be, and the same hereby is, DISMISSED without prejudice as to defendant The Mortgage Outlet.

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DATED September 23, 2011.

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UNITED STATES DISTRICT JUDGE
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James C. Mahan
U.S. District Judge

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