NOWAK v. MAJOR LEAGUE SOCCER, LLS et al

Filing 13

ORDER THAT THE MOTION TO DISMISS OF DEFENDANT MAJOR LEAGUE SOCCOR PLAYERS UNION IS GRANTED AND PLAINTIFF'S CLAIMS AGAINST MLSU ARE DISMISSED. PLAINTIFF SHALL HAVE UNTIL 2/17/2015 TO SHOW CAUSE AS TO WHY THE COURT SHOULD NOT DISMISS THE CLAIM AGAINST MLS WITHOUT PREJUDICE. SIGNED BY HONORABLE MARY A. MCLAUGHLIN ON 2/4/2015. 2/5/2015 ENTERED AND COPIES MAILED TO UNREP, E-MAILED.(kp, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA

PIOTR NOWAK
v.
MAJOR LEAGUE SOCCER, LLC,
et al.

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CIVIL ACTION

NO. 14-3503

ORDER
AND NOW, this 4th day of February, 2015, upon
consideration of the defendant Major League Soccer Players
Union’s (“MLSPU”) Motion to Dismiss (Docket No. 6), the
plaintiff’s opposition, and MLSPU’s reply memorandum, for the
reasons stated in a memorandum of law bearing today’s date, IT
IS HEREBY ORDERED that the motion is GRANTED.

The plaintiff’s

claim against MLSPU is dismissed.
The Court also gives notice to the plaintiff of its
intention to dismiss the claim against the defendant Major
League Soccer, LLC (“MLS”).
case.

MLS has not been served in this

Fed. R. Civ. P. 4(m) requires a district court, on motion

or on its own after notice to the plaintiff, to dismiss an
action against a defendant without prejudice if that defendant
has not been served within 120 days after the complaint is
filed.

Rule 4(m) also requires a district court to extend the

time for service if the plaintiff shows good cause for the
failure to serve.

The plaintiff filed his complaint in this case on June
12, 2014 – over 200 days ago.

He has not filed an affidavit of

service for MLS, nor has he made any motion requesting the
Court’s assistance in serving MLS.

The plaintiff has not made

any showing of good cause for failure to serve MLS.

The

plaintiff has until February 17, 2015, to show cause as to why
the Court should not dismiss the claim against MLS without
prejudice.

BY THE COURT:

/s/Mary A. McLaughlin
MARY A. McLAUGHLIN, J.