Saini v. Penn Mutual Life Insurance Company et al

Filing 14

ORDER signed by Judge J.P. Stadtmueller on 4/25/2017 ORDERING that within 14 days, Plaintiff to provide evidence of service or otherwise explain why good cause exists to extend the Fed. R. Civ. P. 4(m) deadline for service as to Defendants William J. Howard and Daniel Rooney. Failure to do so will result in dismissal of those Defendants without prejudice and without further notice. (cc: all counsel)(jm)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN
BHUPINDER S. SAINI, MD,
Plaintiff,
Case No. 16-CV-1724-JPS
v.
PENN MUTUAL LIFE INSURANCE
COMPANY, WILLIAM J. HOWARD, and
DANIEL ROONEY,

ORDER

Defendants.
On December 30, 2016, this matter was removed to this Court. (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 30, 2017. See
Cardenas v. City of Chicago, 646 F.3d 1001, 1004 (7th Cir. 2011) (Rule 4(m)’s
service deadline applies in removal cases from the date of removal). Plaintiff
has not provided any proof of service for Defendants William J. Howard or
Daniel Rooney. 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 those Defendants 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 as to Defendants William J. Howard and Daniel Rooney.
Dated at Milwaukee, Wisconsin, this 25th day of April, 2017.
BY THE COURT:

J.P. Stadtmueller
U.S. District Judge

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