Owens v. Global Acceptance Credit Company

Filing 7

ORDER: The court will extend the time period to file a return or a supplemental certificate of service until December 23, 2011. If no such document is filed by that date, the matter may be submitted to a judicial officer to dismiss the case without prejudice. So Ordered by Magistrate Judge Daniel J. Lynch.(ko)

UNITED STATES DISTRICT COURT FOR THE
DISTRICT OF NEW HAMPSHIRE

DawnMarie Owens
v.

Civil No. 11-cv-398-LM

Global Acceptance Credit
Company, et al.
O R D E R
By Clerk’s Order dated November 15, 2011, counsel for the plaintiff
was informed that the case would be dismissed if a return of service,
or a motion to extend time to effectuate service, was not filed on or
before December 12, 2011.

Plaintiff’s counsel filed a Notice of

Settlement on November 16, 2011.

The certificate of service contained

in the Notice of Settlement, however, erroneously stated that the
document had been served on the defendants by the court’s CM/ECF system.
As a result, the court issued an order directing counsel for the
plaintiff to serve the Notice of Settlement on the defendants in a manner
authorized by Fed. R. Civ. P. 5(b)(2), and to resubmit a certificate
of service indicating the manner and date upon which service was
effectuated.

This was to be accomplished by November 25, 2011.

To date, neither a return of service (on the Complaint) nor a
supplemental certificate of service (for the Notice of Settlement) has
been filed.
As a courtesy to the plaintiff, the court will extend the time
period to file a return or a supplemental certificate of service until

December 23, 2011.

If no such document is filed by that date, the matter

may be submitted to a judicial officer to dismiss the case without
prejudice.
SO ORDERED.
December 14, 2011

cc:

James D. Kelly, Esq,

/s/ Daniel J. Lynch
Daniel J. Lynch
United States Magistrate Judge