Tateyama v. AT&T, Inc. et al

Filing 39

ORDER that the case as to Fidelity Employer Services Company, LLC is DISMISSED without prejudice. Signed by Judge James C. Mahan on 2/23/12. (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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BILLY Y. TATEYAMA,

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2:11-CV-835 JCM (CWH)

Plaintiff,
v.
AT&T, INC., et al.,

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Defendants.

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ORDER
Presently before the court is the matter of Tateyama v. AT&T, Inc., et al. (Case No. 2:11-cv00835-JCM-CWH).

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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 filed the complaint on May 20, 2011. (Doc. #1). Pursuant to Federal Rule of Civil

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Procedure 4(m), on January 12, 2012, the clerk of the court provided notice to plaintiff that the action

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would be dismissed as to defendant Fidelity Employer Services Company, LLC, if plaintiff did not

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file proof of service of process by February 11, 2012. (Doc. #33).

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James C. Mahan
U.S. District Judge

To date, plaintiff has failed to file proof of service with the court as to Fidelity Employer
Services Company, LLC.

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Accordingly,

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IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the case as to Fidelity

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Employer Services Company, LLC be, and the same hereby is, DISMISSED without prejudice.
DATED February 23, 2012.

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

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