Noonan v. Schweitzer

Filing 3

ORDER signed by Judge J.P. Stadtmueller on 3/31/2017. Within 14 days, plaintiff to provide evidence of service or otherwise show good cause to extend the Fed. R. Civ. P. 4(m) deadline for service. Failure to do so will result in dismissal of this action without prejudice and without further notice. (cc: all counsel, via mail to Tim Noonan)(jm)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN
TIM NOONAN,
Plaintiff,
Case No. 16-CV-1723-JPS
v.
JOSEPH SCHWEITZER,

ORDER
Defendant.

On December 29, 2016, Plaintiff filed his complaint in this matter.
(Docket #1). Federal Rule of Civil Procedure 4(m) provides:
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.
Fed. R. Civ. P. 4(m). The ninety-day deadline expired on March 29, 2017.
Plaintiff has never requested summons for Defendant or otherwise submitted
anything to the Court beyond his complaint. The Court will therefore require
that, within fourteen (14) days of the entry of this Order, Plaintiff must
provide evidence of service or otherwise explain why good cause exists to
extend the Rule 4(m) deadline. Failure to do so will result in dismissal of this
action without prejudice and without further notice. See Fed. R. Civ. P. 4(m).
Accordingly,
IT IS ORDERED that, within fourteen (14) days of the entry of this
Order, Plaintiff must provide evidence of service or otherwise explain why

good cause exists to extend the Federal Rule of Civil Procedure 4(m) deadline
for service.
Dated at Milwaukee, Wisconsin, this 31st day of March, 2017.
BY THE COURT:

J.P. Stadtmueller
U.S. District Judge

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