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Weathersby v. Veloz

United States District Court, M.D. Louisiana

October 20, 2014

ROSELLE WEATHERSBY, ET AL.,
v.
PEDRO VELOZ, ET AL

MAGISTRATE JUDGE'S REPORT

STEPHEN C. RIEDLINGER, Magistrate Judge.

When a review of the record showed that defendants Pedro Veloz and Veloz Transport & Trucking Repair, Inc. had not file an answer or otherwise made an appearance, the record did not indicate that they had been served with a summons and the complaint or waived service, and the time to serve the defendants, as provided by Rule 4(m), Fed.R.Civ.P., had expired, the plaintiffs were was ordered to show cause why their claims against these defendants should not be dismissed pursuant to Rule 4(m), Fed.R.Civ.P.[1]

Plaintiffs did not file any response to the show cause order. Nor did they move for additional time to serve either of these defendants since the failure to serve them was noted in the Status Report filed more than four months ago. A review of the record showed that neither of these defendants has filed an answer, waived service or otherwise made an appearance.

RECOMMENDATION

It is the recommendation of the magistrate judge that the plaintiffs' claims against defendants Pedro Veloz and Veloz Transport & Trucking Repair, Inc. be dismissed without prejudice pursuant to Rule 4(m).[2]


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