Sanders v. Deerfield E. Retirement

Filing 19

ORDER granting 12 Motion for Leave to File Amended Complaint and MOTION for Extension of Time to Perfect Service; Pltf's Amended Complaint naming proper Deft to be filed by 12/30/2013; Pltf has until 1/14/14 to perfect service on Deft; denying without prejudice 7 Motion to Dismiss; denying as moot 17 Motion to Strike. Signed by Magistrate Judge Dennis Howell on 12/10/13. (Pro se litigant served by US Mail.)(ejb)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
1:13cv202
LINDA SANDERS,

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Plaintiff,
v.
DEERFIELD E. RETIREMENT,
Defendant.
_______________________________

ORDER

Pending before the Court is the Motion to Dismiss filed by Defendant [# 7].
Defendant moves to dismiss the Amended Complaint for failure to properly serve
it with the summons and Complaint. In addition, Defendant Moves to Strike [# 17]
one of Plaintiff’s pro se filing. Finally, Plaintiff moves for leave to file an
amended complaint to name the proper defendant and for an extension of time to
perfect service on Defendant. Upon a review of the record and the relevant legal
authority, the Court DIRECTS the parties as follows:
(1)

The Court GRANTS Plaintiff’s motion [# 12] to the extent the motion
seeks leave to file an Amended Complaint and for an extension of
time to perfect service. Plaintiff may have until December 30, 2013,
to file an Amended Complaint naming the proper Defendant. In

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addition, Plaintiff shall have until January 14, 2014, to perfect service
on Defendant. The Court refers Plaintiff to Rule 4 of the Federal
Rules of Civil Procedure, which describes the manner in which a party
perfects service of process on another party. The Court also
INSTRUCTS Plaintiff that the failure to perfect service by January
14, 2014, may result in the Court recommending that the District
Court dismiss this case without prejudice. No further extensions of
time shall be granted to Plaintiff to perfect service.
(2)

The Court DENIES without prejudice the Motion to Dismiss [# 7].
If Plaintiff fails to perfect service on Defendant by January 14, 2014,
Defendant may renew its Motion to Dismiss, and the Court will
consider recommending that the District Court dismiss this action
without prejudice at that time.

(3)

The Court DENIES as moot the Motion to Strike [# 17].

(4)

The Court INSTRUCTS Plaintiff that going forward, the Court will
strike from the record any motion that does not contain a supporting
memorandum of law that complies with the requirements of the Local
Rules. Plaintiff should review the Court’s Local Rules to ensure that
all filings comply with the requirements set forth therein.
Signed: December 10, 2013

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