Guinn v. Yellow Checker Star, Inc.
ORDER Granting Defendant's 18 Motion to Dismiss. The amended complaint is dismissed without prejudice for failure to timely effect service of process. The clerk of court is directed to close this case. Defendant's 24 motion to vacate the early neutral evaluation is GRANTED. The early neutral evaluation scheduled for 6/20/2017 before Magistrate Judge Hoffman is VACATED. Signed by Judge Andrew P. Gordon on 6/14/2017. (Copies have been distributed pursuant to the NEF - SLD)
UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA
YELLOW CHECKER STAR, INC.,
Case No. 2:15-cv-00344-APG-GWF
ORDER GRANTING UNOPPOSED
MOTION TO DISMISS AND
GRANTING MOTION TO VACATE
EARLY NEUTRAL EVALUATION
(ECF Nos. 18, 24)
Plaintiff Bernadette Guinn initiated this action in February 2015 but did not serve
Defendant Yellow Checker Star until May 2, 2017. Yellow Checker moved to dismiss based on
untimely service of process. Guinn did not respond. In the meantime, Magistrate Judge Hoffman
scheduled an early neutral evaluation. ECF No. 21. Yellow Checker moves to vacate the early
neutral evaluation and to grant the unopposed motion to dismiss.
I grant Yellow Checker’s motion to dismiss as unopposed. See LR 7-2(d). Moreover, the
motion is meritorious because despite ample time to serve Yellow Checker, Guinn did not do so.
She has not shown good cause to extend the service deadline. I therefore grant the motion to
dismiss and vacate the early neutral evaluation.
IT IS THEREFORE ORDERED that defendant Yellow Checker Star, Inc.’s motion to
dismiss (ECF No. 18) is GRANTED. The amended complaint is dismissed without prejudice for
failure to timely effect service of process. The clerk of court is directed to close this case.
IT IS FURTHER ORDERED that defendant Yellow Checker Star, Inc.’s motion to vacate
the early neutral evaluation (ECF No. 24) is GRANTED. The early neutral evaluation
scheduled for June 20, 2017 before Magistrate Judge Hoffman is VACATED.
DATED this 14th day of June, 2017.
ANDREW P. GORDON
UNITED STATES DISTRICT JUDGE
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