Amerisure Insurance Company v. R&L Carriers, Inc

Good Law
United States District Court, Eastern District of CaliforniaJanuary 8, 20211:20-cv-01134California478 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

AMERISURE INSURANCE COMPANY, ) Case No.: 1:20-cv-01134-DAD-JLT ) Plaintiff, ) FINDINGS AND RECOMMENDATIONS TO ) DISMISS DEFENDANT MIDAS SOLUTIONS v. ) INCORPORATED PURSUANT TO RULE 4(M) ) R&L CARRIERS, INC, A CORPORATION, ) [FOURTEEN-DAY OBJECTION DEADLINE] et al., ) Defendants. ) )

On December 18, 2020, the court issued an order to plaintiff to show cause why Defendant Midas Solutions Incorporated should not be dismissed for failure to comply with Rule 4 of the Federal Rules of Civil Procedure. (Doc. 16.) Plaintiff has not responded to the order to show cause and the time period for doing so has expired. DISCUSSION Rule 4(m) of the Federal Rules of Civil Procedure provides: If a defendant is not served within 90 days after the complaint is filed, the court—on motion or on its own after notice to the plaintiff—must dismiss the action without …

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