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Nischan v. Stratosphere Quality, LLC

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS
May 29, 2014
Case No: 13 C 50389 (N.D. Ill. May. 29, 2014)

Opinion

Case No: 13 C 50389

05-29-2014

Michele Nischan, Plaintiff, v. Stratosphere Quality, LLC, et al, Defendants.


Judge Frederick J. Kapala


ORDER

This matter comes before the court on a report and recommendation ("R&R") [37] from the magistrate judge entered on 5/5/2014 recommending dismissal of this matter against defendant Chrysler Motor Corporation for failure to serve process. On May 2, 2014, the magistrate judge ordered plaintiff to file a status report detailing efforts to serve Chrysler Motor Corporation, but she failed to file a status report. According to the R&R, plaintiff last attempted to unsuccessfully serve her complaint in January 2014. Federal Rule of Civil Procedure 4(m) indicates that a complaint not served within 120 days must be dismissed as against the unserved defendant without prejudice. The complaint was originally filed on December 20, 2013, more than 120 days ago. Additionally, plaintiff has not offered any objections to the magistrate's recommendation. Accordingly, there being no written objection to the magistrate's R&R entered on 5/5/2014, see 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 72(b); Thomas v. Arn, 474 U.S. 140, 149-50 (1985) and the court having reviewed the report and recommendation, the court accepts the report and recommendation [37] and dismisses Chrysler Motor Corporation from the case without prejudice.

ENTER:

__________

FREDERICK J. KAPALA

District Judge


Summaries of

Nischan v. Stratosphere Quality, LLC

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS
May 29, 2014
Case No: 13 C 50389 (N.D. Ill. May. 29, 2014)
Case details for

Nischan v. Stratosphere Quality, LLC

Case Details

Full title:Michele Nischan, Plaintiff, v. Stratosphere Quality, LLC, et al…

Court:UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS

Date published: May 29, 2014

Citations

Case No: 13 C 50389 (N.D. Ill. May. 29, 2014)