Federal Insurance Company v. Omega Flex, Inc. et al

Filing 52

ORDER denying without prejudice 32 Motion to Dismiss for Lack of Jurisdiction; granting 38 Motion for Extension of Time for Service of Process. The Plaintiff is granted an additional 60 days to perfect service of process on Defendant RB's Gas, Inc. in this matter. Signed by Magistrate Judge Dennis Howell on 04/17/2014. (thh)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
1:13cv276
FEDERAL INSURANCE COMPANY,

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Plaintiff,
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v.
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OMEGA FLEX, INC., et al.,
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Defendants.
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___________________________________ )

ORDER

Pending before the Court is the Motion for Extension of Time for Service of
Process [# 38]. Upon a review of the parties’ pleadings, the relevant legal
authority, Rule 4 of the Federal Rules of Civil Procedure, and for good cause
shown, the Court GRANTS the Motion [# 38]. The Court GRANTS Plaintiff an
additional sixty (60) days to perfect service of process on Defendant RB’s Gas,
Inc. in this matter. The Court, however, makes no ruling at this time as to whether
service of process of process was proper or whether there is any merit to Defendant
RB’s Gas, Inc.’s Motion to Dismiss for Lack of Jurisdiction [# 32]. Finally, the
Court DENIES without prejudice the Motion to Dismiss [# 32]. Upon the
expiration of the sixty day period, Defendant RB’s Gas, Inc. may renew its
motions to dismiss based on ineffective service of process if it contends that
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Plaintiff has still failed to perfect service on them, and the Court will consider at
that time whether dismissing the claims against it is required.
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Signed: April 17, 2014

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