Blue Ridge Podiatry Associates, P.A. v. Annexmed Billing Services, Inc. et al

Filing 6

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 Defendants. Responses due by 7/6/2017 plus an additional 3 days if served by mail. 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. Signed by District Judge Martin Reidinger on 06/22/17. (emw)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
CIVIL CASE NO. 1:17-cv-00078-MR-DLH

BLUE RIDGE PODIATRY
ASSOCIATES, P.A., a North
Carolina corporation, individually
and as the representative of a
class of similarly-situated persons,

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)
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)
Plaintiff,
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vs.
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ANNEXMED BILLING SERVICES INC., )
a New York corporation, and JOHN )
DOES 1-5,
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Defendants.
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_______________________________ )

ORDER

THIS MATTER is before the Court sua sponte.
The Plaintiff initiated this action against the Defendants on March 30,
2017. [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 any of the Defendants. 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 the Defendants within fourteen (14) days from service of this
Order, the Plaintiff’s action against the Defendants 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 Defendants.
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: June 22, 2017

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