Opinion
CASE NO. 1:05CV1612.
December 16, 2005
OPINION AND ORDER
Pursuant to Federal Civil Rule of Procedure 4(m) and this Court's Order of November 7, 2005, this case is dismissed for failure to perfect service within One Hundred Twenty Days from the date of filing of the Complaint. The Court ordered Plaintiff to perfect service no later than November 18, 2005, or show good cause why it was unable to perfect service on Defendant. The docket shows Plaintiff did not perfect service until December 6, 2005. Plaintiff has not offered any reason for its failure to comply with the Court's Order or Fed.R.Civ.P. 4. Having failed to show good cause the Court Orders this case dismissed without prejudice. Defendant's Motion to Dismiss, (Dkt# 12) is denied as moot. The CMC set for December 20, 2005, is cancelled.
IT IS SO ORDERED: