Jayce K. Kadire v. RV Retailer Texas II, LLC, et al.

Summary

A magistrate judge recommends dismissal without prejudice of Jayce K. Kadire’s claims against RV Retailer Texas II, LLC and Airstream, Inc. under Federal Rule of Civil Procedure 4(m) for failure to effect timely service. The recommendation follows Plaintiff’s failure to respond to an order to show cause regarding the expired service deadline.

Holdings

1. Because Plaintiff failed to effect timely service, failed to show good cause for the failure, and did not respond to the show-cause order, sua sponte dismissal without prejudice under Federal Rule of Civil Procedure 4(m) was appropriate.

Questions Presented

1. Whether the Court should dismiss Plaintiff's claims without prejudice under Federal Rule of Civil Procedure 4(m) because Plaintiff failed to timely serve Defendants and failed to show good cause or otherwise respond to the show-cause order.

Disposition

other