Russell, Thomas et al v. US Bank National Association et al

Filing 7

ORDER that plaintiffs may have until August 17, 2011 to advise the court what steps they have taken to serve their complaint on the defendants. Signed by Magistrate Judge Stephen L. Crocker on 7/29/2011. (jef),(ps)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
___________________________________________________________________________________
THOMAS F. RUSSELL
and DONNA A. RUSSELL,
ORDER
Plaintiffs,
v.

11-cv-358-bbc

U.S. BANK NATIONAL ASSOCIATION
and MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS, INC.,
Defendants.
____________________________________________________________________________________________

Plaintiffs Thomas and Donna Russell filed this civil action on May 23, 2011, against
defendants U.S. Bank National Association and Mortgage Electronic Registration Systems, Inc.
and paid the $350 filing fee. That same day, the clerk of court issued summons forms to
plaintiffs, so that they could serve their complaint. Almost ten weeks have passed and nothing
has happened: the court has not received proof of service from plaintiffs or a written explanation
of the efforts they have made to serve the defendants. Indeed, plaintiffs have not corresponded
with the court since they filed this case on May 23. Although the outside deadline under Fed.
R. Civ. P. 4(m) for serving the complaint is September 21, 2011, this court expects plaintiffs
promptly to serve their complaint so that they can get a response from the defendants and
obtain a schedule from the court for future proceedings, including a firm trial date. So, plaintiffs
must provide a status report as to what steps plaintiffs have taken to serve their complaint on
the defendants.

ORDER
IT IS ORDERED that plaintiffs Thomas and Donna Russell may have until August 17,
2011, in which to advise the court in writing what steps they have taken to serve their complaint
on the defendants. If, by August 17, 2011, plaintiffs fail to respond to this order, the clerk of
court is to enter judgment dismissing this action without prejudice for plaintiffs’ failure to
prosecute.

Entered this 29th day of July, 2011.
BY THE COURT:
/s/
STEPHEN L. CROCKER
Magistrate Judge

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