Bard et al v. Bank of America, N.A. et al

Filing 16

ORDER that the Plaintiffs shall show good cause within fourteen (14) days of service of this Order for the failure to effect service on the Defendant Mindy Johnson. Signed by District Judge Martin Reidinger on 1/30/13. (nll)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
CIVIL CASE NO. 1:12-cv-00230-MR

LAWRENCE BARD and
LOUISE BARD,

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Plaintiffs,
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vs.
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BANK OF AMERICA, N.A.,
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and MINDY JOHNSON,
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Defendants.
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___________________________ )

ORDER

THIS MATTER is before the Court sua sponte.
On August 10, 2012, the Plaintiffs filed this action against the
Defendants Bank of America, N.A. and Mindy Johnson. [Doc. 1]. To date,
there is nothing in the record to indicate that the Plaintiffs have served the
Defendant Mindy Johnson.
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 Plaintiffs are hereby placed on notice that unless good cause is
shown to the Court for their failure to effect service of the Summons and
Complaint on Defendant Johnson within fourteen (14) days from service of
this Order, the Plaintiffs’ action against this Defendant shall be dismissed
without prejudice without further order.
IT IS, THEREFORE, ORDERED that the Plaintiffs shall show good
cause within fourteen (14) days of service of this Order for the failure to
effect service on the Defendant Mindy Johnson; and
IT IS FURTHER ORDERED that failure of the Plaintiffs 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: January 30, 2013

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