Ashley Furniture Industries, Inc. v. Furniture Plaza, Inc.

Filing 5

ORDER TO SHOW CAUSE by Magistrate Judge Kevin R. Sweazea. Show Cause Response due by March 3, 2021. (atc)

Case 1:20-cv-01017-JFR-KRS Document 5 Filed 02/17/21 Page 1 of 1

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
ASHLEY FURNITURE INDUSTRIES, Inc.,
Plaintiff,
v.

No. 1:20-cv-1017 JFR/KRS

FURNITURE PLAZA, Inc.,
Defendant.
ORDER TO SHOW CAUSE
THIS MATTER comes before the Court sua sponte. Plaintiff initiated this action on
October 5, 2020. Since that time, Plaintiff has taken no action to prosecute this matter or serve
Defendant. Under Federal Rule of Civil Procedure 4(m), Plaintiff was required to serve
Defendant within ninety days from filing the complaint. Plaintiff has not complied with this rule
or requested an extension of time for service of process. Federal Rule of Civil Procedure 41(b)
allows the Court to dismiss an action where a party fails to prosecute the party’s lawsuit. The
record reflects no activity on Plaintiff’s part since October 5, 2021.
IT IS THEREFORE ORDERED that on or before March 3, 2021, to avoid dismissal
of this action, Plaintiff must either effect service or provide the Court with a written explanation
showing good cause why service has not been made.

____________________________________
KEVIN R. SWEAZEA
UNITED STATES MAGISTRATE JUDGE