Eyetalk365, LLC v. Skybell Technologies, Inc.

Filing 7

ORDER to show cause by Wednesday, February 8, 2017, why service was not completed within the required time limit, or, if Defendant has been served, to provide an affidavit of service within that time. Signed by Chief Judge Frank D. Whitney on 1/31/17. (mga)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
DOCKET NO. 3:16-cv-00702-FDW-DCK
EYETALK365, LLC,
Plaintiff,
vs.
SKYBELL TECHNOLOGIES, INC.,
Defendant.

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ORDER

THIS MATTER is before the Court sua sponte for Plaintiff Eyetalk365, LLC’s failure to
serve Defendant Skybell Technologies, Inc. within the required time frame. Plaintiff filed its
Complaint (Doc. No. 1) on October 3, 2016, and the Clerk’s Office electronically issued summons
to Plaintiff (Doc. No. 5) on October 4, 2016, for Plaintiff to serve on Defendant. As of January
31, 2017, this Court has not received an affidavit of service from Plaintiff.
Rule 4(m) of the Federal Rules of Civil Procedure requires service to occur within 90 days
after a complaint is filed. Over 90 days have elapsed since Plaintiff’s Complaint was filed, and
Plaintiff has failed to provide proof of service. While “failure to prove service does not affect the
validity of service,” FED. R. CIV. P. 4(1)(3), without proof of service, the Court can only conclude
that service has not taken place. Absent a showing of good cause, failure to serve a defendant
within this time frame permits the Court to “dismiss the action without prejudice against that
defendant . . . .” FED. R. CIV. P. 4(m). Accordingly, Plaintiff is hereby ORDERED to show cause
by Wednesday, February 8, 2017, why service was not completed within the required time limit,
or, if Defendant has been served, to provide an affidavit of service within that time.
IT IS SO ORDERED.
Signed: January 31, 2017