Cleveland v. Washington Mutual Home Loans Inc

Filing 11

ORDER DISMISSING CASE without prejudice signed by Judge J P Stadtmueller on 7/10/09. (cc: all counsel)(nm)

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF WISCONSIN
____________________________________________ T E R R I D. CLEVELAND, P l a i n t if f , v. W A S H IN G T O N MUTUAL HOME LOANS, INC., D e fe n d a n t. ____________________________________________ Case No. 08-CV-1119

ORDER
O n December 29, 2008, plaintiff Terri Cleveland filed a complaint naming W a s h in g to n Mutual Home Loans, Inc., as defendant. The complaint alleges that d e fe n d a n t, as plaintiff's employer, violated Title VII of the Civil Rights Act of 1964 by d is c rim in a tin g against plaintiff on the basis of her gender. Plaintiff paid the filing fee fo r this action, and filed a certificate of interest. Pursuant to Rule 4(m) of the Federal Rules of Civil Procedure, a plaintiff has 1 2 0 days after the filing of a complaint to either serve defendant or secure waiver of s e rvic e . The period to serve the summons and complaint on defendant expired on A p r il 28, 2009, 120 days after plaintiff filed her complaint. On April 27, 2009, p la in t if f 's counsel filed a brief and affidavit explaining the difficulties counsel has e n c o u n ter e d in her attempts to secure waiver of service or, alternatively, to serve d e fen d a n t as a result of the acquisition of defendant company by another company. T h u s , the court, on April 30, 2009, granted plaintiff a twenty (20) day extension to e ith e r serve defendant or secure waiver of service. The deadline for that 20-day

e xte n s io n has since come and gone, yet all indications are that defendant has still ye t to be served. As a result, the court must now ­ as it stated it would in its p re vio u s order ­ dismiss plaintiff's complaint. A c c o r d in g ly , IT IS ORDERED that this action be and the same is hereby DISMISSED w ith o u t prejudice pursuant to Civil Local Rule 41.1. The clerk is directed to enter judgment accordingly. D a te d at Milwaukee, W is c o n s in , this 10th day of July, 2009. BY THE COURT:

J .P . Stadtmueller U .S . District Judge

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