Coach, Inc. et al v. Dillie Lou's et al

Filing 11

ORDER that on or before fifteen (15) days of entry of thie Order, the Plaintiff shall show good cause for the failure to effect service on the Defendants.. Signed by District Judge Martin Reidinger on 10/25/2011. (pdf)

THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
CIVIL CASE NO. 1:11cv149

COACH, INC. and COACH SERVICES, INC.,

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Plaintiffs,
vs.
DILLIE LOU’S, DELIA JAMES, individually and
d/b/a DILLIE LOU’S, and DOES 1 through 100,
Defendants.

ORDER

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THIS MATTER is before the Court sua sponte to provide the Plaintiff
with notice pursuant to Federal Rule of Civil Procedure 4(m).
On June 21, 2011, the Plaintiffs initiated this action by filing a complaint.
[Doc. 1]. The Summonses were issued electronically for service the next day.
[Doc. 6]. Counsel was admitted leave to appear pro hac vice on June 29,
2011. [Doc. 9].
To date, the Plaintiff has not filed proof of service. Federal Rule of Civil
Procedure 4 provides:
If a defendant is not served within 120 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.
Fed.R.Civ.P. 4(m).
The Plaintiff is hereby placed on notice that unless good cause is shown
for the failure to effect service of the summons and complaint on the
Defendants, this action shall be dismissed without prejudice.
IT IS, THEREFORE, ORDERED that on or before fifteen (15) days of
entry of this Order, the Plaintiff shall show good cause for the failure to effect
service on the Defendants.
Signed: October 25, 2011