i play, Inc. v. D. Catton Enterprise, LLC

Filing 68

ORDER that the Plaintiff shall show good cause within fourteen (14) days of service of this Order for the failure to effect service on the Defendant Frederick Hart Co., Inc. Signed by District Judge Martin Reidinger on 8/15/13. (Pro se litigant served by US Mail.)(nll)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
CIVIL CASE NO. 1:12-cv-00022-MR

i play, inc.,

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Plaintiff,
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vs.
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D. Catton Enterprise, LLC, and )
FREDERICK HART CO., INC.,
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Defendants.
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___________________________ )

ORDER

THIS MATTER is before the Court sua sponte.
On April 1, 2013, the Plaintiff filed an Amended Complaint in this
action adding Frederick Hart Co., Inc. as a party defendant. [Doc. 47]. To
date, however, there is nothing in the record to indicate that the Plaintiff has
served this Defendant.
Rule 4(m) of the Federal Rules of Civil Procedure provides, in
pertinent part, as follows:
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 to the Court for its failure to effect service of the Summons and
Complaint on Defendant Frederick Hart Co., Inc. within fourteen (14) days
from service of this Order, the Plaintiff’s action against this Defendant shall
be dismissed without prejudice without further order.
IT IS, THEREFORE, ORDERED that the Plaintiff shall show good
cause within fourteen (14) days of service of this Order for the failure to
effect service on the Defendant Frederick Hart Co., Inc.
IT IS FURTHER ORDERED that failure of the Plaintiff to respond in
writing within fourteen (14) days shall result in a dismissal without prejudice
of this action without further order of the Court.
IT IS SO ORDERED.

Signed: August 15, 2013

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