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

Filing 70

ORDER that the Plaintiffs action against Defendant Frederick Hart Co., Inc. is hereby DISMISSED WITHOUT PREJUDICE. Signed by District Judge Martin Reidinger on 8/28/2013. (Pro se litigant served by US Mail.)(khm)

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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., ) ) Plaintiff, ) ) vs. ) ) ) D. CATTON ENTERPRISE, LLC, a ) New York Limited Liability Company, ) ) Defendant. ) _______________________________ ) ORDER THIS MATTER is before the Court on the Plaintiff’s Status Report in Response to Order [Doc. 69]. On August 16, 2013, the Court entered an Order directing the Plaintiff to show good cause for the failure to effect service on the Defendant Frederick Hart Co., Inc. [Doc. 68]. The Plaintiff now responds to the Court’s Order, conceding that its action against this Defendant should be dismissed without prejudice for failure to serve the Defendant in a timely fashion. [Doc. 69]. Accordingly, IT IS, THEREFORE, ORDERED that the Plaintiff’s action against Defendant Frederick Hart Co., Inc. is hereby DISMISSED WITHOUT PREJUDICE. IT IS SO ORDERED. Signed: August 28, 2013 2

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