Morningstar et al v. Jianping et al

Filing 153

ORDER that the stay is lifted. Plaintiff shall have 92 days to file service on the parties named in the order. Signed by Judge Kent J. Dawson on 11/26/2013. (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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M. AILEEN MORNINGSTAR, et al.,

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Plaintiffs,

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v.

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Case No. 2:13-CV-00427-KJD-GWF

QUI JIANPING, et al.,

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ORDER

Defendants.

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On May 31, 2013, Magistrate Judge Foley granted Defendants’ Motion to Stay (#125).

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However, there is no longer any reason to stay this proceeding. Accordingly, the stay is lifted. The

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parties are encouraged to move this matter toward resolution via either stipulation or motion.

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On October 24, 2013, the Clerk of Court issued notice to Plaintiff of Rule 4(m) violations.

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(#152). Specifically, no proof of service had been filed for the Amended Complaint as to Quan Xie,

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Ben Wang, Li Yu, and Yi Liu. However, this action was stayed at the time of notice. The Amended

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Complaint was filed on May 3, 2013, while the matter was stayed on May 31 of the same year.

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Accordingly, 28 days of the 120 provided by Rule 4(m) had already lapsed. Plaintiff is hereby

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afforded the remaining 92 days to file service on the parties named above. If proof of service is not

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filed with the Court within 92 days, the action will be dismissed without prejudice as to the unserved

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parties.

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DATED this 26th day of November 2013.

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_____________________________
Kent J. Dawson
United States District Judge