BRK, Inc. v. iSee Automation, Inc.

Filing 6

ORDER by Judge James L. Robart. The court ORDERS Plaintiff to SHOW CAUSE within 10 days of the date of this order why this action should not be dismissed for failure to comply with Rule 4(m). (AD)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE 8 9 10 Plaintiff, 11 12 CASE NO. C17-1715JLR BRK, INC., ORDER v. ISEE AUTOMATION, INC., 13 Defendant. 14 15 Federal Rule of Civil Procedure 4 requires a plaintiff to serve the defendant with a 16 summons and a copy of the plaintiffs complaint and sets forth the specific requirements 17 for doing so. See Fed. R. Civ. P. 4. Rule 4(m), which provides the timeframe in which 18 service must be effectuated, states in relevant part: 19 20 21 If a defendant is not served within 90 days after the complaint is filed, the court--on motion or on its own after notice to the plaintiff-must dismiss the action without prejudice against that defendant or order that service be made within a specified time. But if the plaintiff shows good cause for the failure, the court must extend the time for service for an appropriate period. 22 ORDER-1 1 Id. Here, Plaintiff has failed to serve Defendant with a summons and a copy of Plaintiffs 2 complaint within the timeframe provided in Rule 4(m). 3 Accordingly, the court ORDERS Plaintiff to SHOW CAUSE within ten (10) days 4 of the date of this order why this action should not be dismissed for failure to comply 5 with Rule 4(m). If Plaintiff does not demonstrate good cause for the failure, the court 6 will dismiss the.action without prejudice. 7 . Dated this 1', ic,, day of February, 2018. 8 JAMES L ROBART United St tes District Judge 9 10 11 12 13 14 15 16 17 18 19 20 21 22 ORDER-2

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