Jack Tuchten Wholesale Produce Inc v. Gregbros LLC et al

Filing 3

ORDER signed by Judge J P Stadtmueller on 10/16/09 that plaintiff shall have 20 days from the date of this order to provide good cause for the failure to timely serve defendants with a summons and complaint; if no good cause is provided, the court will dismiss this action without prejudice. (cc: all counsel)(nm)

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF WISCONSIN
____________________________________________ J A C K TUCHTEN W H O L E S A L E PRODUCE INC., Plaintiff, v. G R E G B R O S LLC, JAMES G. GREGORY, G R E G O R Y GREGORY, DINO G. GREGORY, a n d JOHN GREGORY D e fe n d a n ts . ____________________________________________ C a s e No. 09-CV-596

ORDER
O n June 16, 2009, plaintiff filed a complaint against defendants. The

c o m p la in t alleges seven different claims for relief. Plaintiff paid the filing fee for this a c tio n , and filed a certificate of interest. However, no answer to the complaint or o th e r pleading by any party has been subsequently filed. It appears that, as of the d a t e of this order, the defendants have not been served with a summons and c o m p la in t, or waived such service. R u le 4(m) of the Federal Rules of Civil Procedure states the following: If a defendant is not served within 120 days after the complaint is filed, th e court ­ on motion or on its own after notice to the plaintiff ­ must d is m is s the action without prejudice against that defendant or order that s e rv ic e be made within a specified time. But if the plaintiff shows good c a u s e for the failure, the court must extend the time for service for an a p p ro p ria te period. F e d .R .C iv.P . 4(m). The period to serve the summons and complaint on defendants e xp ire d on October 14, 2009, 120 days after plaintiff filed its complaint. Accordingly,

p la in tiff shall have twenty (20) days from the date of this order to provide good cause fo r the failure to timely serve defendants with a summons and complaint. If plaintiff d o e s not provide good cause for failing to timely service defendant, the court will d is m is s the complaint without prejudice pursuant to Federal Rule of Civil Procedure 4 (m ) and Civil Local Rule 41.1. A c c o r d in g ly , IT IS ORDERED that plaintiff shall have twenty (20) days from the date of this o rd e r to provide good cause for the failure to timely serve defendants with a s u m m o n s and complaint; if no good cause is provided, the court will dismiss this a c tio n without prejudice. D a te d at Milwaukee, W is c o n s in , this 16th day of October, 2009. BY THE COURT:

J .P . Stadtmueller U .S . District Judge

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