Eyetalk365, LLC v. Skybell Technologies, Inc.

Filing 9

ORDER re 8 Response to Order to Show Cause, 7 Order,. Plaintiff is ordered to file, serve defendant and provide this court with an affidavit proving said service of it's amended complaint no later than 2/24/17. Signed by Chief Judge Frank D. Whitney on 2/10/17. (clc)

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 on Plaintiff Eyetalk365, LLC’s Response (Doc. No.
8) to this Court’s Order to Show Cause (Doc. No. 7) as to why service was not completed within
the required time limit, or, if Defendant had been served, to provide an affidavit of service.
Absent a showing of good cause, Rule 4(m) of the Federal Rules of Civil Procedure permits
this Court to “dismiss the action without prejudice against that defendant . . . .” for failure to serve
within the required ninety (90) day period. However, “if the plaintiff shows good cause for the
failure, the court must extend the time for service for an appropriate period.” Id.
For the reasons stated in Plaintiff’s Response (Doc. No. 8), the Court finds Plaintiff has
shown good cause for the delay and hereby extends the time for service of Plaintiff’s amended
complaint. Plaintiff is ORDERED to file, serve Defendant, and provide this Court with an affidavit
proving said service of its amended complaint no later than Friday, February 24, 2017.
IT IS SO ORDERED.
Signed: February 10, 2017