Mesecher et al v. Lowes Companies Inc et al

Filing 15

ORDER OF DISMISSAL WITHOUT PREJUDICE. Case is CLOSED. Signed by Judge Rosanna Malouf Peterson. (LR, Case Administrator)

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1 2 FILED IN THE U.S. DISTRICT COURT EASTERN DISTRICT OF WASHINGTON 3 Mar 06, 2018 4 SEAN F. MCAVOY, CLERK UNITED STATES DISTRICT COURT 5 EASTERN DISTRICT OF WASHINGTON 6 7 8 TRACY E. MESECHER and CHARICE A. MESECHER, husband and wife, 9 Plaintiffs, NO: 2:17-CV-299-RMP ORDER OF DISMISSAL WITHOUT PREJUDICE 10 v. 11 12 HD HUDSON MANUFACTURING COMPANY, 13 Defendant. 14 15 A Notice of Removal was filed in the above-captioned cause on August 25, 16 2017, ECF No. 1. Pursuant to Fed. R. Civ. P. Rule 4(m), the Complaint must be 17 served upon the defendant within ninety days of filing. Although the state court 18 rules govern service of process before removal, the Federal Rules of Civil Procedure 19 apply to procedural questions after removal. See Fed. R. Civ. P. 81(c). The ninety- 20 day timeframe for service under federal law begins on the date that the action is 21 removed to federal court. See Fed. R. Civ. P. 81(c)(1). There is nothing in the ORDER OF DISMISSAL WITHOUT PREJUDICE ~ 1 1 record to indicate that service of the summons and complaint upon Defendant HD 2 Hudson Manufacturing Company has been accomplished. 3 On February 8, 2018, the Court entered an Order to Show Cause directing 4 Plaintiff, within ten days of the date of the order, to “ . . . show cause, in a writing . . 5 . why all claims against Defendant HD Hudson Manufacturing Company should not 6 be dismissed without prejudice for failure to timely effect service.” Additionally, 7 Plaintiff was cautioned that failure to respond would result in the entry of an Order 8 of Dismissal without Prejudice. See ECF No. 14 at 2. Plaintiff has failed to respond 9 to the Order of the Court within the allotted time. Accordingly, IT IS HEREBY 10 11 12 ORDERED: 1. Plaintiff’s Complaint and all claims against Defendant HD Hudson are dismissed without prejudice and without costs to any party. 13 2. All pending motions, if any, are DENIED AS MOOT. 14 3. All scheduled court hearings, if any, are STRICKEN. 15 IT IS SO ORDERED. The District Court Clerk is directed to enter this 16 17 Order, provide copies to counsel, and close this case. DATED March 6, 2018. 18 19 s/ Rosanna Malouf Peterson ROSANNA MALOUF PETERSON United States District Judge 20 21 ORDER OF DISMISSAL WITHOUT PREJUDICE ~ 2

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