Nassar v. Mackay

Full title: EDWIN NASSAR, Plaintiff, v. PAUL MACKAY, Defendant

Court: United States District Court, E.D. Michigan, Southern Division

Date published: Jul 21, 2004

Case No. 03-60165 (E.D. Mich. Jul. 21, 2004)

Opinion

Case No. 03-60165.

July 21, 2004

ORDER GRANTING DEFENDANT'S MOTION TO VACATE CLERK'S ENTRY OF DEFAULT, DENYING PLAINTIFF'S MOTION FOR PRETRIAL CONFERENCE, DENYING PLAINTIFF'S MOTION FOR DEFAULT JUDGMENT, AND DISMISSING THE CASE FOR INSUFFICIENT SERVICE OF PROCESS

MARIANNE BATTANI, District Judge

Before the Court is Plaintiff's Motion for Pretrial Conference (Doc. # 6), Plaintiff's Motion for Default Judgement (Doc. #13), and Defendant's Motion to Vacate Clerk's Entry of Default (Doc. # 14). For the reasons more fully stated on the record at the hearing held on July 20, 2004, Plaintiff's motions are DENIED and Defendant's motion is GRANTED. The Clerk's entry of default in this case is hereby VACATED.

Having reviewed the procedural history of this matter, the Court finds that Plaintiff has failed to properly serve the United States, as required under FED.R.CIV.P.4(i). The Court further finds that Plaintiff has failed to show "good cause" why process was not properly served within the 120 day time period set forth in FED.R.CIV.P. 4(m) and therefore DISMISSES the case without prejudice.

IT IS SO ORDERED.