Ungaro et al v. Calt et al

Filing 18

ORDER TO SHOW CAUSE by Magistrate Judge William P. Lynch. Show Cause Response due by 8/25/2017. (mej)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
AMANDA UNGARO and JERRY DAVIS,
Plaintiffs,
v.

CV 17-480 MCA/WPL

DANIEL CALT, an Albuquerque Police Officer,
sued in his individual capacity;
ANDREW COOK, an Albuquerque Police Officer,
sued in his individual capacity;
CITY OF ALBUQUERQUE, NEW MEXICO;
NEW MEXICO TITLE LOANS, INC.; GOTCHA REPO’D; and
HAROLD MONIA,
Defendants.
ORDER TO SHOW CAUSE
This matter is before the Court sua sponte. Federal Rule of Civil Procedure 4(m)
provides in part:
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. . . .
More than 90 days have elapsed since this action was commenced, and the record reflects that
Defendants Daniel Calt, Andrew Cook, the City of Albuquerque, Gotcha Repo’d, and Harold
Monia have not been served.

A true copy of this order was served
on the date of entry--via mail or electronic
means--to counsel of record and any pro se
party as they are shown on the Court’s docket.

IT IS THEREFORE ORDERED that, no later than August 25, 2017, Plaintiffs must
either effect service or provide the Court with a written explanation why service has not been
effected. If Plaintiffs fails to respond within the time allotted, this action will be dismissed
without prejudice.
____________________________________
William P. Lynch
United States Magistrate Judge

A true copy of this order was served
on the date of entry--via mail or electronic
means--to counsel of record and any pro se
party as they are shown on the Court’s docket.