Opinion
21-CV-00043-DC-DF
01-18-2022
DANNY HERMAN TRUCKING, INC. Plaintiff, v. LILIANA MIRANDA A/K/A LILI MIRANDA, and CATALINA VILLEGAS DE CARRILLO, Defendants.
ORDER FOR PROOF OF SERVICE
DAVID B. FANNIN UNITED STATES MAGISTRATE JUDGE
BEFORE THE COURT is the above-styled and -numbered cause, which Plaintiff Danny Herman Trucking, Inc. (“Danny Herman”) filed against Defendants Liliana Miranda a/k/a Lili Miranda and Catalina Villegas de Carrillo (“Villegas”) on June 18, 2021. (Doc. 1). The Clerk of this Court issued a summons as to Villegas on June 21, 2021. (Doc. 4). Villegas has filed an Answer (Doc. 7) and Motion to Dismiss for Failure to State a Claim, Pursuant to Rule 12(b)(6) (hereafter, “Motion to Dismiss”) (Doc. 6). Although Danny Herman claims in a response to the Motion to Dismiss that Villegas was served with process on July 6, 2021 (Doc. 9 at 4), thereby designating the Motion to Dismiss as untimely, the record does not reflect that Villegas has been so served.
IT IS ORDERED that Danny Herman provide the Court with proof of service regarding Villegas within ten (10) days from entry of this Order. Such proof of service must comply with Federal Rule of Civil Procedure 4(1). Failure to timely file appropriate service information with regard to Villegas by January 28, 2022, may result in the Motion to Dismiss (Doc. 6) being presumed timely filed.