Opinion
No. CIV 01-646 JC/LCS
December 17, 2002.
Glen L. Houston, Hobbs, New Mexico, for Plaintiff.
Gregory L. Biehler, Albuquerque, New Mexico, Defendant Camp Sierra Blanca.
ORDER
THIS MATTER comes before the Court on Defendant Camp Sierra Blanca's Motion to Dismiss Complaint Against Defendants Lorenzo Barreras, Phillip Adams, Robert Shirley, Tree Escalante, and Associated Marine Institutes, Inc. on the Grounds That These defendants Have Not Been Served a Copy of the Summons and Complaint, filed July 22, 2002 (Doc. 41). The Court, having considered the motion and the memoranda submitted by the parties, finds the motion well taken in part and it is, therefore, granted in part.
This Court issued a Notice of Pending Dismissal, filed November 11, 2002 (Doc. 52), stating that good cause must be shown within 30 days why proper service has not been effected upon Defendants Barreras, Adams, Shirley, and Escalante, or these defendants would be dismissed from this action without prejudice. The time has run without such showing of good cause and, therefore, these Defendants are dismissed from this action without prejudice.
Wherefore,
IT IS ORDERED that Defendant Camp Sierra Blanca's Motion to Dismiss Complaint against Defendants Lorenzo Barreras, Phillip Adams, Robert Shirley, Tree Escalante and Associated Marine Institutes, Inc. on the Grounds That These Defendants Have Not Been Served a Copy of the Summons and Complaint, filed July 22, 2002 (Doc. 41) is hereby granted as to Defendants Barreras, Adams, Shirley, and Escalante but denied as to Defendant Associated Marine Institutes, Inc. at this time.