Lee et al v. Hilldrup Companies, Inc.

Filing 4

ORDER DISMISSING CASE without prejudice. Signed by Chief Judge Frank D. Whitney on 4/14/2014. (tmg)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
DOCKET NO. 3:13-cv-00620-FDW-DSC
STEVEN MICAH LEE & YVETTE R. )
LEE,
)
)
Plaintiffs,
)
)
vs.
)
)
HILLDRUP COMPANIES, INC.,
)
)
Defendant.
)
)

ORDER

THIS MATTER is before the Court sua sponte regarding Plaintiffs Steven Micah Lee
and Yvette R. Lee’s failure to provide proof of service on Defendant Hilldrup Companies, Inc.
within the required time period. Plaintiffs filed their Complaint in this case on November 12,
2013, and on November 19, 2013, the Clerk’s Office electronically issued summons to Plaintiffs
for Plaintiffs to serve on Defendant. (Doc. No. 1, 2). After 120 days had elapsed without
evidence of service, the Court issued a Show Cause Order March 24, 2014, ordering Plaintiffs to
show cause by April 11, 2014, why service was not completed within the required time limit, or,
if Defendant had been served, to provide an affidavit of service within that time. (Doc. No. 3).
The Court has received no response and can only conclude service has not taken place.
Rule 4(m) of the Federal Rules of Civil Procedure provides, “If a defendant is not served
within 120 days after the complaint is filed, the court—on motion or on its own motion after
notice to the plaintiff—must dismiss the action without prejudice . . . .” Furthermore, absent a
showing of good cause, failure to serve a defendant within this time frame permits the Court to
“dismiss the action without prejudice . . . .” Fed. R. Civ. P. 4(m).

Plaintiff has failed to

demonstrate whether Plaintiff has complied with Rule 4(m) even after the Court provided
Plaintiff an opportunity to show cause.
Accordingly, Plaintiffs’ case is DISMISSED without prejudice and the Clerk is
respectfully directed to CLOSE THE CASE.
IT IS SO ORDERED.
Signed: April 14, 2014