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

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Plaintiff filed this case on M arch 31, 2004. (Dkt. 1). On December 8, 2004, the Court 18 dismissed Plaintiff's Complaint without prejudice to filing an Amended Complaint . 19 12). Plaintiff filed an Amended Complaint on December 21, 2004. (Dkt. 14). Federal Rule of 20 Civil Procedure 4(m) provides that "[i]f service of the summons and complaint is not made 21 upon a defendant within 120 days after the filing of the complaint, the court,...on its own 22 initiative after notice to the plaintiff, shall dismiss the action without prejudice as to that 23 defendant...." 24 days of the filing of Plaintiff's Amended Complaint. 25 Accordingly, 26 27 28 Plaintiff has not provided proof that Defendants were served within 120 (Dkt. ) ) Plaintiff, ) ) ) vs. ) ) Boomers LLC (a/k/a) Boomers Dining &) ) Dancing; Phillip Penza, ) Defendants. ) ) ) Kingvision Pay Per View Ltd., No. CV 04-0632-PHX-EHC ORDER IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

Case 2:04-cv-00632-EHC

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Filed 12/14/2006

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IT IS ORDERED setting a hearing for Tuesday, January 2, 2007 at 3:00 p.m. at which Plaintiff shall appear and show cause w hy this case should not be dismissed pursuant to Federal Rule of Civil Procedure 4(m). DATED this 13th day of December, 2006.

Case 2:04-cv-00632-EHC

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-2Filed 12/14/2006

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