Excavators Union Local 731 Welfare Fund v. Wynn et al

Filing 53

ORDER that the above-captioned case be, and the same hereby is, DISMISSED without prejudice as to Kazuo Okada. Kazuo Okada terminated. Signed by Judge James C. Mahan on 10/04/2012. (Copies have been distributed pursuant to the NEF - AC)

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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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EXCAVATORS UNION LOCAL 731
WELFARE FUND, et al.,

2:12-CV-642 JCM (GWF)

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Plaintiff(s),

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v.

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STEPHEN A. WYNN, et al.,

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Defendant(s).

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ORDER
Presently before the court is the matter of Excavators Union Local 731 Welfare Fund v. Wynn

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et al. (Case No. 2:12-cv-642-JCM-GWF).

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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 a complaint on April 17, 2012. (Doc. # 1). Pursuant to Federal Rule of Civil

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Procedure 4(m), on August 28, 2012, the clerk of the court provided notice to plaintiff that the action

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would be dismissed if plaintiff did not file proof of service of process by September 27, 2012. (Doc.

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# 52).

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To date, plaintiff has failed to file proof of service with the court as to the following parties:

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Kazuo Okada.

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...

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James C. Mahan
U.S. District Judge

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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 Kazuo Okada.
DATED October 4, 2012.

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

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