Dawson et al v. A Place at the Beach, LLC et al

Filing 7

ORDER that Plaintiffs perfect service upon defendants within 14 days. Failure to do so will result in dismissal of the Complaint. Signed by District Judge Robert J. Conrad, Jr on 4/22/16. (ssh)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
3:15-cv-00528-RJC-DSC
HARRY LEE DAWSON and RITA
DAWSON,

)
)
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Plaintiffs,
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v.
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A PLACE AT THE BEACH, LLC, SPM )
RESORTS, INC., and PRA &
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ASSOCIATES INC.,
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Defendants.
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____________________________________ )

ORDER

THIS MATTER comes before the Court sua sponte. Plaintiffs filed their Complaint in
the Asheville Division of the Western District of North Carolina on August 26, 2015. (Doc. No.
1). Upon motion by Plaintiffs, the case was transferred to this Division on October 30, 2015.
(Doc. No. 3). More than five months later, Plaintiffs submitted the summonses for issuance by
the Clerk of Court, and the summonses were issued on April 12, 2016. (Doc. No. 6).
At the time this Complaint was filed, Federal Rule of Civil Procedure 4(m) provided 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.
Plaintiffs had until December 24, 2015, within which to serve their Complaint on the
defendants. That time has long expired. Consequently, Plaintiffs shall have fourteen (14) days
from the entry of this Order within which to perfect service upon the defendants and provide the
Court with proof of service or to show good cause for their failure to perfect service. Plaintiffs

are hereby warned that failure to perfect service or show good cause by this deadline will result
in their case being DISMISSED without prejudice.
IT IS, THEREFORE, ORDERED that Plaintiffs perfect service upon the defendants
and provide the Court with proof of service or show good cause for their failure to perfect
service within fourteen (14) days of this Order. Failure to provide the Court with proof of
service or to show good cause for the failure of service within fourteen (14) days will result
in dismissal of the Complaint.
Signed: April 22, 2016

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