Randall v. Coast To Coast Financial Solutions, Inc. et al

Filing 25

ORDER Granting 24 Stipulation of Dismissal with prejudice as to Experian InformationSolutions and Coast to Coast FinancialSolutions, Inc. IT IS FURTHER ORDERED that all claims against Coast to Coast are DISMISSED without prejudice under FRCP 4(m). The Clerk of Court is directed to CLOSE THIS CASE. Signed by Judge Jennifer A. Dorsey on 2/13/17. (Copies have been distributed pursuant to the NEF - ADR)

Download PDF
1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA 3 Garry W. Randall, 4 Case No.: 2:16-cv-01653-JAD-PAL Plaintiff 5 Order Granting Stipulated Dismissal of claims against Experian Information Solutions and Coast to Coast Financial Solutions, Inc., and Closing Case v. 6 Coast to Coast Financial Solutions, et. al., 7 Defendants ECF NO. 24 8 9 10 On 2/13/17, plaintiff stipulated to dismiss all claims against the lone remaining answering 11 defendant Experian Information Solutions, Inc. ECF No. 24. Based on that stipulation and good 12 cause appearing, I grant the stipulation [ECF No. 24] and dismiss all claims against Experian 13 Information Solutions, Inc. with prejudice, each side to bear its own fees and costs. 14 The dismissal of the claims against Experian leaves claims against defendant Coast to Coast 15 Financial Solutions only. On 12/7/16, the court sent a Rule 4(m) notice to the plaintiff advising him 16 that there has been no proof of service filed for Coast to Coast and that the claims against Coast to 17 Coast would be dismissed without prejudice unless he filed a proof of service by 1/6/17.1 That 18 deadline has passed, and plaintiff has not filed proof that Coast to Coast has been served or requested 19 an extension of that deadline. 20 FRCP 4(m) requires service of the summons and complaint to be completed within 90 days 21 of the complaint’s filing, and “[i]f a defendant is not served within 90 days after the complaint is 22 filed, the court—on motion or on its own after notice to the plaintiff—must dismiss the action 23 without prejudice against that defendant or order that service be made within a specified time.”2 24 Rule 4(c)(1) further makes it clear that “[t]he plaintiff is responsible for having the summons and 25 26 27 1 ECF No. 16. 28 2 Fed. R. Civ. Proc. 4(m). 1 1 complaint served within the time allowed under Rule 4(m).”3 Accordingly, IT IS FURTHER 2 ORDERED that all claims against Coast to Coast are DISMISSED without prejudice under 3 FRCP 4(m). The Clerk of Court is directed to CLOSE THIS CASE. 4 DATED: February 13, 2017 5 6 _________________________________ ________________ _ __ _ _ JENNIFER A. DORSEY ER A. DORSEY R SEY UNITED STATES DISTRICT JUDGE 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3 Fed. R. Civ. Proc. 4(c). 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?