Montoute v. Senior Psychcare / Medipsych

Filing 8

OPINION AND ORDER. (Signed by Judge Melinda Harmon) Parties notified.(rhawkins)

United States District Court
Southern District of Texas

ENTERED
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
HOUSTON DIVISION
MELONIE MONTOUTE,
Plaintiff,
VS.
SENIOR PSYCHCARE / MEDIPSYCH,
Defendant.

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February 02, 2018
David J. Bradley, Clerk

CIVIL ACTION NO. 4:17-CV-01369

OPINION AND ORDER
Pending before the Court in the above-referenced cause is Plaintiff Melonie Montoute’s
(“Montoute”) Motion for Extension of Time to Relocate Defendant Senior Psychcare/Medipsych
(“Psychcare”) (“Motion”), Doc. 3. After careful consideration of the filings, record, and law, the
Court is of the opinion that the motion should be granted.
On June 16, 2017, Montoute filed her Motion alleging that “Defendant [Psychcare] has
relocated their Business without any forwarding address according to the postal service.” Thus,
Montoute requests “an extension so I can find [Psychcare] and serve them accordingly.” Doc. 3.
On November 2, 2017, a Notice of Resetting was issued, including a note that “Plaintiff has until
11/10/2017 to effect service on Defendant.” Doc. 5. Accordingly, the Court hereby
GRANTS Montoute’s Motion as of November 10, 2017.
But should Montoute not serve Psychcare within 90 days of that date, the Court will
dismiss Montoute’s claim without prejudice. See FED. R. CIV. P. 4(m); Collins v. WAFB. LLC,
CV 16-15648, 2016 WL 7325147, at *3 (E.D. La. Dec. 16, 2016) (holding that that pro se parties
“are held accountable for complying with the Federal Rules of Civil Procedure and Local Rules
of Court, along with Court orders.”)

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SIGNED at Houston, Texas, this 2nd day of February, 2018.
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MELINDA HARMON
UNITED STATES DISTRICT JUDGE

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