Opinion
Case No. 11-15227
06-27-2012
RAW FILMS, LTD., Plaintiff, v. JOHN DOES 1-38, Defendants.
ORDER DISMISSING CASE WITHOUT PREJUDICE
In denying Plaintiff's second motion to extend the time period for effectuating service on the thirty-eight John Doe Defendants in this action, the court on June 8, 2012, dismissed all those Defendants who had not yet been served with a summons and complaint. See Fed. R. Civ. P. 4(m). The court also directed Plaintiff to file a proof of service for all Defendants who had been served, as well as an amended complaint identifying those Defendants by name, no later than June 22, 2012. Plaintiff failed to file such materials by the specified date, so the court can only conclude that none of the Defendants were properly served in the time allotted by the court. Thus, it seems dismissal of the entire action is appropriate at this time. Accordingly,
IT IS ORDERED that this action is DISMISSED WITHOUT PREJUDICE under Federal Rule of Civil Procedure 4(m) due to the failure to timely serve Defendants.
__________________
ROBERT H. CLELAND
UNITED STATES DISTRICT JUDGE
I hereby certify that a copy of the foregoing document was mailed to counsel of record on this date, June 27, 2012, by electronic and/or ordinary mail.
Lisa Wagner
Case Manager and Deputy Clerk
(313) 234-5522
S:\Cleland\JUDGE'S DESK\C2 ORDERS\11-15227.RAWFILMS.DismissFailureToServeDefendants.set.wpd