Opinion
2:07-cv-1370-GEB-KJM.
January 11, 2008
ORDER
On December 10, 2007, an order issued notifying Plaintiff "that any Defendant not served within the 120-day period prescribed in Federal Rule of Civil Procedure 4(m) may be dismissed without prejudice under Rule 4(m) unless Plaintiff shows, in a filing due no later than noon on December 14, 2007, good cause for the failure to serve said defendant(s)." The order further stated that "to avoid dismissal of a named defendant not served when the November 26 Status Report was filed, proof of service must be filed no later than noon on December 14, 2007." Because Plaintiff has not filed proof of service on M/V AFRICAN KINGFISHER, DELICA SHIPPING SA, INUI STEAMSHIP CO. LTD. (INUI KISEN KK), MUR SHIPPING RSA (PTY) LTD., or MURSHIPPING LONDON LTD., nor has Plaintiff shown good cause for the failure to serve those Defendants, M/V AFRICAN KINGFISHER, DELICA SHIPPING SA, INUI STEAMSHIP CO. LTD. (INUI KISEN KK), MUR SHIPPING RSA (PTY) LTD., and MURSHIPPING LONDON LTD. are dismissed from this action without prejudice.
Additionally, the parties' Second Further Joint Status Report filed January 7, 2008 reveals that "[t]he remaining defendants have not been served, and plaintiff does not anticipate being able to serve them." (JSR at 2.)
IT IS SO ORDERED.