Securities and Exchange Commission v. Optimum Income Property, LLC et al

Filing 3

ORDER Plaintiff perfect service upon the defendants andprovide the Court with proof of service or show good cause for its failure to perfect servicewithin fourteen (14) days of this Order.. Signed by District Judge Robert J. Conrad, Jr on 7/13/16. (ssh)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
3:16-cv-00073-RJC-DCK
SECURITIES AND EXCHANGE
COMMISSION,

)
)
)
Plaintiff,
)
)
v.
)
)
OPTIMUM INCOME PROPERTY,
)
LLC, OPTIMUM PROPERTY
)
INVESTMENTS, LLC, and FRANK
)
E. LLERAS,
)
)
Defendants.
)
____________________________________ )

ORDER

THIS MATTER comes before the Court sua sponte. Plaintiff filed its Complaint on
February 10, 2016. (Doc. No. 1). On February 11, 2016, summonses were issued by the Clerk of
Court. (Doc. No. 2). However, based on a review of the docket in this case, it appears that Plaintiff
has not perfected service upon the defendants.
Federal Rule of Civil Procedure 4(m) provided 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.
Plaintiff had until May 10, 2016, within which to serve its Complaint on the defendants.
That time has long expired. Consequently, Plaintiff 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 its failure to perfect service. Plaintiff is hereby warned that
failure to perfect service or show good cause by this deadline will result in its case being dismissed

without prejudice.
IT IS, THEREFORE, ORDERED that Plaintiff perfect service upon the defendants and
provide the Court with proof of service or show good cause for its 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: July 13, 2016

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