Free Order - District Court of Delaware - Delaware


File Size: 35.3 kB
Pages: 2
Date: August 23, 2005
File Format: PDF
State: Delaware
Category: District Court of Delaware
Author: unknown
Word Count: 331 Words, 1,909 Characters
Page Size: Letter (8 1/2" x 11")
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Case 1:05-cv-00007-JJF Document 5 Filed 08/22/2005 Page1 of 2
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
VALERIE REEVES, :
Plaintiff, E
v. E Civil Action N0. 05-7-JJF
RADIOLOGY ASSOCIATES, INC., ;
Defendant. E
O R D E R
WHEREAS, Plaintiff has filed a letter in response to the
Court’s Order dated July 22, 2005, requiring her to show cause
why this action should not be dismissed for failure to serve
process within 120 days of filing the Complaint pursuant to
Federal Rule of Civil Procedure 4(m);
WHEREAS, Plaintiff has indicated that her attorney, Darryl
Fountain, has been suspended from the practice of law, and she
requests a continuance to file the appropriate documents and
obtain new legal representation;
WHEREAS, the Court concludes that Plaintiff has established
good cause for her failure to serve this action within the time
frames set forth in Rule 4(m};
NOW THEREFORE, IT IS HEREBY ORDERED this éggfoday of August
2005, that:
l. Plaintiff shall inform the Court whether she has
obtained new counsel or intends to proceed with this action pro
se by having her new counsel enter an appearance in this case

Case 1:05-cv-00007-JJF Document 5 Filed 08/22/2005 Page 2 of 2
within thirty (30) days of the date of this Order or by filing a
letter indicating her intention to proceed pro se within thirty
(30) days of the date of this Order.
2. Plaintiff shall have an additional 120 days to
effectuate service under Federal Rule of Civil Procedure 4(m).
Calculation of the new l20 day time period shall begin on the
date Plaintiff’s counsel files an entry of appearance with the
Court or on the date Plaintiff files her letter of intention to
proceed pro se.
3. Plaintiff’s failure to comply with any of the time
frames set forth in this letter will result, without further
notice to the Plaintiff, in the dismissal of this action without
prejudice.
Pr