Brown v. Prime Star Group, Inc. et al

Filing 12

ORDER that Plaintiff must serve his Complaint on Defendants Prime Star Group and Pacific Stock Transfer Company and provide this Court with proof of service within fourteen (14) days of entry of this order. Signed by Chief Judge Robert J. Conrad, Jr on 11/20/2012. (eef)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
3:12-cv-165-RJC-DCK
CHRISTOPHER BROWN,
Plaintiff,
vs.
PRIME STAR GROUP, INC., a Nevada
corporation; ROGER MOHLMAN; GARY
CHERNAY; and PACIFIC STOCK
TRANSFER COMPANY, a Nevada
corporation,
Defendants.

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ORDER

THIS MATTER comes before the Court sua sponte. Plaintiff filed his Complaint on
March 12, 2012. (Doc. No. 1). The case docket reflects that summonses were issued by the
Clerk of the Court on the same date for service of the Complaint on Defendants. (Doc. Nos. 2;
3; 4; 5). However, only Defendants Chernay and Mohlman were served with the Complaint.
(Doc. Nos. 6; 7). The docket contains neither (1) a return of summons or proof of service of the
Complaint on Defendants Prime Star Group and Pacific Stock Transfer Company nor (2) an
executed waiver of service by those Defendants. Federal Rule of Civil Procedure 4(m) provides
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.
Plaintiff had until July 10, 2012 to serve his Complaint on Defendants. FED . R. CIV . P. 4(m).
IT IS, THEREFORE, ORDERED that Plaintiff must serve his Complaint on

Defendants Prime Star Group and Pacific Stock Transfer Company and provide this Court with
proof of service within fourteen (14) days of entry of this Order, or his claims against these
Defendants will be dismissed.

Signed: November 20, 2012

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