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)

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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

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