United States District Court, M.D. Louisiana
RICHARD L. BOURGEOIS, JR.UNITED STATES MAGISTRATE JUDGE
take notice that the attached Magistrate Judge's Report
and Recommendations has been filed with the Clerk of the U.S.
accordance with 28 U.S.C. §636(b)(1), you have fourteen
(14) days from date of receipt of this notice to file written
objections to the proposed findings of fact and conclusions
of law set forth in the Magistrate Judge's Report. A
failure to object will constitute a waiver of your right to
attack the factual findings on appeal.
NO EXTENSION OF TIME SHALL BE GRANTED TO FILE WRITTEN
OBJECTIONS TO THE MAGISTRATE JUDGE'S REPORT.
in Baton Rouge, Louisiana, on November 28, 2018.
filed this matter against defendants Rental Insurance
Services, Inc. and John Shevlin on April 23, 2018 in the
21st Judicial District Court. The United States of
America removed the matter to this court on May 31, 2018. (R.
Doc. 1). On June 7, 2018, the United States of America was
substituted as a defendant in place of John Shevlin, and this
matter was dismissed with prejudice as to defendant John
Shevlin. (R. Doc. 3).
Court issued an order setting a scheduling conference for
August 9, 2018 and ordered that a joint status report be
filed by July 26, 2018. The order stated that it was the duty
of the plaintiff to prepare, sign, and file the status report
in accordance with Attachment A. (R. Doc. 6).
29, 2018, a joint motion to dismiss by Plaintiff and the
United States was granted and defendant United States of
America was dismissed without prejudice. (R. Doc. 8).
Court issued an order on August 7, 2018 cancelling the August
9, 2018 scheduling conference and stated that the conference
would be reset by separate order.
August 8, 2018, as there had been no responsive pleadings
filed by the remaining defendant, Rental Insurance Services,
Inc., the Court reset the August 9, 2018 scheduling
conference for September 26, 2018 with the status report due
September 12, 2018. The Court informed the plaintiff that
“Failure to file the Joint Status Report may result in
a show cause order issued to counsel.” (R. Doc. 10).
September 25, 2018, as service of process had not been made
on defendant Rental Insurance Services, Inc., as of the date
of the order, the Court reset the September 26, 2018
scheduling conference to November 1, 2018 to allow plaintiff
time to effect service upon defendant Rental Insurance
Services, Inc. In addition, the order stated that the joint
status report was to be filed no later than October 18, 2018.
(R. Doc. 11). In addition, the Court ordered that
“…on or before October 18,
2018, plaintiff shall show cause, in
writing, why the claim against defendant Rental
Insurance Services, Inc. should not be dismissed under Rule
4(1) and (m) of the Federal Rules of Civil Procedure for lack
of service and/or proof of service. If proof of service is
filed into the record by October 18, 2018,
then no response is due from plaintiff to this order to show
cause.” No action was taken by Plaintiff, and on
October 31, 2018, the Court cancelled the November 1, 2018
review of the Court's Docket Sheet reflects that the
status report has not been filed as ordered by the Court on
September 25, 2018. (R. Doc. 11). In addition, a further
review of the Court's Docket Sheet indicates that there
has been return of service and no ...