Opinion
C23-0133JHC
05-08-2023
AMERICAN FAMILY CONNECT PROPERTY AND CASUALTY INSURANCE COMPANY, Plaintiff, v. TERESA PEQUIGNOT, ET AL., Defendants.
ORDER
JOHNH. CHUN, United States District Judge.
Federal Rule of Civil Procedure 4 requires a plaintiff to serve each defendant with a summons and a copy of the complaint and sets forth the specific requirements for doing so. See Fed. R. Civ. P. 4. Rule 4(m) provides the timeframe in which service must be effectuated:
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. Id. Here, there is no proof of service during the timeframe provided by Rule 4(m) for Defendants Matthew and Angela Overvold.
Additionally, on March 17, 2023, the Court issued an order requiring the parties to file a Joint Status Report by April 21, 2023. See Dkt. # 5. On April 21, 2023, Plaintiff and Defendants Teresa and Donald Pequignot filed a “Joint Status Report and Discovery Plan.” See Dkt. # 10. Although the Joint Status Report states in the opening paragraph that it was submitted by all parties, there is no indication that the Overvolds were involved.
Accordingly, the Court ORDERS Plaintiff to SHOW CAUSE within ten (10) days of the date of this order as to why Defendants Matthew and Angela Overvold should not be dismissed for Plaintiff's failure to comply with Rule 4(m) and the order requiring a Joint Status Report involving all parties. If Plaintiff does not demonstrate good cause, the Court will dismiss Defendants Matthew and Angela Overvold without prejudice.