Homesite Insurance Company v. Raines

Filing 5

ORDER TO SHOW CAUSE by Magistrate Judge Stephan M. Vidmar. Plaintiff's show-cause response is due by February 16, 2017. (am)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
HOMESITE INSURANCE COMPANY,
Plaintiff,
v.

No. 16-cv-1173 CG/SMV

CHASE RAINES,
Defendant.
ORDER TO SHOW CAUSE
THIS MATTER is before the Court sua sponte. Plaintiff filed its Complaint against
Defendant on October 24, 2016. [Doc. 1]. Plaintiff had 90 days from filing the Complaint, or
until January 23, 2017, to effect service of process. See Fed. R. Civ. P. 4(m) (2015). There is no
indication on the record that service of process has been effected.
IT IS THEREFORE ORDERED that Plaintiff show good cause why its claims against
Defendant should not be dismissed without prejudice for failure to comply with the service
provision of Rule 4(m). See Espinoza v. United States, 52 F.3d 838, 841 (10th Cir. 1995).
Plaintiff must file its response no later than February 16, 2017.
IT IS SO ORDERED.

______________________________
STEPHAN M. VIDMAR
United States Magistrate Judge