J & J Sports Productions, Inc. v. Chikiss Botanas N' Beer L.L.C. et al

Filing 11

ORDER. IT IS HEREBY ORDERED, ADJUDGED, and DECREED that J & J's claims against Antonio Uribe Martinez be, and the same hereby are, DISMISSED. IT IS FURTHER ORDERED that J & J shall file, within 7 days of this order, a motion for default judgment or other appropriate motion against Chikiss Botanas N' Beer, LLC. Signed by Judge James C. Mahan on 4/10/2020. (Copies have been distributed pursuant to the NEF - MR)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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J&J SPORTS PRODUCTIONS, INC.,

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Case No. 2:18-CV-745 JCM (VCF)

Plaintiff(s),

ORCDER

v.
CHIKISS BOTANAS N’ BEER, LLC., et al.,

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Defendant(s).

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Presently before the court is the matter of J & J Sports Productions, Inc. v. Chikiss
Botanas N’ Beer L.L.C. et al., case number 2:18-cv-00745-JCM-VCF.
Federal Rule of Civil Procedure 4(m) provides as follows:
If a defendant is not served within 90 days after the complaint is
filed, the court—on motion or on its own after notice to the
plaintiff—must dismiss the action without prejudice against that
defendant or order that service be made within a specified time.
But if the plaintiff shows good cause for the failure, the court must
extend the time for service for an appropriate period. This
subdivision (m) does not apply to service in a foreign country
under Rule 4(f), 4(h)(2), or 4(j)(1), or to service of a notice under
Rule 71.1(d)(3)(A).

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James C. Mahan
U.S. District Judge

Fed. R. Civ. P. 4(m).
More than 90 days have elapsed since the instant action was filed. To date, J & J Sports
Productions, Inc. (“J & J”) has not served Antonio Uribe Martinez. On February 24, 2020, the
court gave J & J notice of its intent to dismiss its claims against Martinez pursuant to Fed. R.
Civ. P. 4(m). J & J has not responded, served Martinez, or otherwise appeared.
Therefore, the court dismisses Martinez.

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On July 31, 2019, J & J moved for entry of clerk’s default against Chikiss Botanas N’

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Beer, LLC, which was entered the next day. (ECF Nos. 7; 9). But J & J has not moved for

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default judgment.

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Accordingly,

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IT IS HEREBY ORDERED, ADJUDGED, and DECREED that J & J’s claims against

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Antonio Uribe Martinez be, and the same hereby are, DISMISSED.
IT IS FURTHER ORDERED that J & J shall file, within 7 days of this order, a motion
for default judgment or other appropriate motion against Chikiss Botanas N’ Beer, LLC.
DATED April 10, 2020.
__________________________________________
UNITED STATES DISTRICT JUDGE

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James C. Mahan
U.S. District Judge

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