i play. inc. v. Winc Design Limited et al

Filing 17

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 Winc Design Limited.Signed by District Judge Martin Reidinger on 8/28/2013. (khm)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
CIVIL CASE NO. 1:13-cv-00062-MR

i play, inc.,

)
)
Plaintiff,
)
)
)
vs.
)
)
)
WINC DESIGN LIMITED, a Hong )
Kong Corporation, and PURE
)
PRECISION LIMITED, a British )
Virgin Islands Corporation,
)
)
Defendants.
)
___________________________ )

ORDER

THIS MATTER is before the Court sua sponte.
On March 8, 2013, the Plaintiff initiated this action against
Defendants Winc Design Limited and Pure Precision Limited. [Doc. 1]. To
date, there is nothing in the record to indicate that the Plaintiff has served
Defendant Winc Design Limited.
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 Winc Design Limited 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 Winc Design Limited.
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 28, 2013

2