Birkan v. Seterus, Inc. et al

Filing 39

ORDER that the above-entitled action be, and hereby is, DISMISSED without prejudice as to defendant Toyota Financial Services. The Clerk of Court is instructed to close this case, as there are no remaining defendants. Signed by Judge Andrew P. Gordon on 1/9/17. (Copies have been distributed pursuant to the NEF - MMM)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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JAMES BIRKAN,

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Plaintiff,

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Case No. 2:16-cv-2060-APG-PAL

v.

ORDER DISMISSING DEFENDANT
TOYOTA FINANCIAL SERVICES

SETERUS, INC., et al.,

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Defendants.

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On December 5, 2016, Plaintiff was advised by the court (Dkt. #32) that this action

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would be dismissed without prejudice as to defendant Toyota Financial Services unless

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on or before January 4, 2017, Plaintiff filed proper proof of service or showed good cause

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why such service was not timely made. Plaintiff has failed to file proof of service nor shown

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good cause. Nor has Plaintiff shown cause why this action should not be dismissed

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without prejudice as to that defendant for failure to effect timely service pursuant to FRCP

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4(m). Therefore,

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IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the above-entitled

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action be, and hereby is, DISMISSED without prejudice as to defendant Toyota Financial

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Services. The Clerk of Court is instructed to close this case, as there are no remaining

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defendants.

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Dated: January 9, 2017.

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ANDREW P. GORDON
UNITED STATES DISTRICT JUDGE