Aboulafia v. Mortgage Electronic Registration Systems, Inc. et al

Filing 12

ORDER that the above-captioned case be, and the same hereby is, DISMISSED without prejudice as to defendant Nevada Legal News, Inc. Signed by Judge James C. Mahan on 7/16/2012. (Copies have been distributed pursuant to the NEF - SLR)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 DISTRICT OF NEVADA 6 7 8 9 10 11 12 13 2:12-CV-389 JCM (PAL) STEVEN ABOULAFIA, Plaintiff, v. MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., et al., Defendants. 14 15 ORDER 16 Presently before the court is the matter of Aboulafia v. Mortgage Electronic Registration 17 18 Systems, Inc., et. al., 2:12-cv-389-JCM-PAL. 19 Federal Rule of Civil Procedure 4(m) provides: “If a defendant is not served within 120 days 20 after the complaint is filed, the court – on motion or on its own after notice to the plaintiff – must 21 dismiss the action without prejudice.” 22 Plaintiff filed the instant case in state court on December 1, 2011. (Doc. #1, Ex. A). The 23 case was removed to this court on March 9, 2012. (Doc. #1). Pursuant to Federal Rule of Civil 24 Procedure 4(m), on June 6, 2012, the clerk of the court provided notice to plaintiff that the action 25 would be dismissed as to defendant Nevada Legal News, Inc. if plaintiff did not file proof of service 26 of process by July 6, 2012. (Doc. #8). 27 ... 28 James C. Mahan U.S. District Judge 1 2 To date, the court has not received proof of service of process as to defendant Nevada Legal News, Inc., as required under Rule 4(m). 3 Accordingly, 4 IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the above-captioned case 5 be, and the same hereby is, DISMISSED without prejudice as to defendant Nevada Legal News, Inc. 6 DATED July 16, 2012. 7 8 UNITED STATES DISTRICT JUDGE 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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