Waters, et al v. Showcase Exclusive Imports, Inc., et al

Filing 23

ORDER DISMISSING ACTION WITHOUT PREJUDICE FOR FAILURE TO OBTAIN SERVICE - Signed by District Judge Louise Wood Flanagan on 8/6/2012. (Baker, C.)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
EASTERN DIVISION
NO. 4:11-CV-205-FL

RHONDA P. WATERS
and MICHAEL WATERS,
Plaintiffs,
v.
SHOWCASE EXCLUSIVE IMPORTS,
INC.; SHOWCASE SELECT
IMPORTS; and, VIRGIL WILLIAMS,
Defendants.

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ORDER DISMISSING ACTION
WITHOUT PREJUDICE
FOR FAILURE TO OBTAIN SERVICE

This matter comes now before the court for its review upon plaintiff’s apparent failure to
obtain service upon defendants within the appropriate time periods pursuant to Fed. R. Civ. P. 4(m).
On April 19, 2012, plaintiff was noticed by the clerk of the failure to make service and instructed
plaintiffs to comply within fourteen (14) days of receipt of the notice. Plaintiffs’ counsel responded
on May 4, 2012 [DE # 19] citing issues preventing service of the defendants at that time and
indicating detailed efforts underway to rectify same. Subsequently, counsel filed a motion seeking
to extend the time for service. In this court’s order entered May 14, 2012, at DE # 22, plaintiffs
were granted an additional sixty (60) days within which to serve the summons and complaint. With
that time now too having expired, and with no good cause having been demonstrated as to why such
service has not been made within the prescribed and extended time periods, this action is
DISMISSED without prejudice.

The Clerk is directed to CLOSE this case.
SO ORDERED this the 6th day of August, 2012.

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LOUISE W. FLANAGAN
United States District Judge

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