Lineberger et al v. CBS Corporation et al

Filing 123

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 R.T. Vanderbilt Holding Company, Inc. Show Cause Response due by 8/22/2017 plus an additional 3 days if served by mail. Signed by District Judge Martin Reidinger on 08/08/17. (emw)

THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
CIVIL CASE NO. 1:16-cv-00390-MR-DLH

TOMMY WILLIAM LINEBERGER and )
spouse MARCELLA WILSON
)
LINEBERGER,
)
)
Plaintiffs,
)
)
vs.
)
)
CBS CORPORATION, et al.,
)
)
Defendants.
)
_______________________________ )

ORDER

THIS MATTER is before the Court sua sponte.
On December 7, 2016, the Plaintiffs filed this action against multiple
Defendants, including the Defendant R.T. Vanderbilt Holding Company, Inc.,
sued individually and as successor-in-interest to R.T. Vanderbilt Company,
Inc. (“R.T. Vanderbilt Holding Company”). [Doc. 1]. More than 90 days have
now passed from the filing of the Complaint, and there is nothing in the record
to indicate that the Plaintiff has served R.T. Vanderbilt Holding Company.
Rule 4(m) of the Federal Rules of Civil Procedure provides, in pertinent
part, as follows:
If a defendant is not served within 90 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 R.T. Vanderbilt Holding Company within fourteen (14) days
from service of this Order, the Plaintiff’s action against this Defendant shall
be dismissed without prejudice without further order of the Court.
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 R.T. Vanderbilt Holding Company, Inc.
IT IS SO ORDERED.
Signed: August 8, 2017

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