Holmes v. Financial Business and Consumer Solutions Inc et al

Filing 6

ORDER signed by Judge J.P. Stadtmueller on 5/15/2018. Within 10 days, Plaintiff to provide evidence of service or otherwise explain why good cause exists to extend the Fed. R. Civ. P. 4(m) service deadline as to Defendant Financial Business and Consumer Solutions, Inc.; failure to do so will result in dismissal of that Defendant without prejudice and without further notice. (cc: all counsel)(jm)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN
RACHEL HOLMES,
Plaintiff,
v.
FINANCIAL BUSINESS AND
CONSUMER SOLUTIONS INC. and
JEFFERSON CAPITAL SYSTEMS
LLC,

Case No. 18-CV-227-JPS-JPS

ORDER

Defendants.
This action was filed on February 12, 2018. (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). Plaintiff filed a waiver of service with respect to
Defendant Jefferson Capital Systems, LLC. (Docket #5). Plaintiff has not,
however, provided any proof of service upon Defendant Financial Business
and Consumer Solutions, Inc. The ninety-day deadline for service expired
on May 14, 2018. The Court will therefore require that, within ten (10) 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 Defendant Financial Business and
Consumer Solutions, Inc. without prejudice and without further notice.

Accordingly,
IT IS ORDERED that, within ten (10) 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 Defendant Financial Business and Consumer Solutions, Inc.
Dated at Milwaukee, Wisconsin, this 15th day of May, 2018.
BY THE COURT:

____________________________________
J. P. Stadtmueller
U.S. District Judge

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