Free Order to Show Cause - District Court of Delaware - Delaware

Case 1:05-cv-00562-JJF Document 4 Filed O1/12/2006 Page 1 of 1
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
KING PHARMACEUTICALS, INC., :
KING PHARMACEUTICALS RESEARCH :
AND DEVELOPMENT, INC., :
WYETH, :
Plaintiffs, ;
v. Z Civil Action No. 05-562-JJF
TEVA PHARMACEUTICALS ;
USA, INC., :
Defendant. Z
O R D E R
WHEREAS, Plaintiff has failed to serve Defendant, Teva
Pharmaceuticals USA, Inc., who is named as Defendant in
Plaintiff’s Complaint (D.I. 1);
WHEREAS, pursuant to Rule 4(m) of the Rules of Civil
Procedure, “if service of the summons and complaint is not made
upon a defendant within 120 days after the filing of the
complaint, the court, upon motion or on its own initiative after
notice to the plaintiff, shall dismiss the action without
prejudice as to that defendant . . .”
WHEREAS, more than 120 days have elapsed since the filing of
Plaintiff's Complaint;
NOW THEREFORE, IT IS HEREBY ORDERED this Q] day of January
2006, that Plaintiff show cause within twenty (20) days of the
date of this Order why the Court should not dismiss this action
for failure to prosecute.
A n f i f ,. Z
STAT S IF ° ‘'i“ GE