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Sorensen v. Ownit Mortgage Solutions, Inc.

United States District Court, Eighth Circuit

April 29, 2013

Mike Sorensen et al, Plaintiffs,
v.
Ownit Mortgage Solutions, Inc., Defendant.

REPORT AND RECOMMENDATION

LEO I. BRISBOIS, Magistrate Judge.

This matter came before the undersigned United States Magistrate Judge upon the routine supervision of cases and upon an assignment made in accordance with 28 U.S.C. 636(b)(1)(A). Mike Sorensen and David Wynn Miller (collectively, "Plaintiffs") commenced this action on December 18, 2012. (Compl. [Docket No. 1]).

It has now been more than 120 days since Plaintiffs filed this action, and Plaintiffs have not provided proof that they have served a copy of the summons and complaint on Defendant. See Fed. R. Civ. Pro. 4(m) ("If a defendant is not served within 120 days after the complaint is filed, the court-on motion or on its own after notice to the plaintiff-must dismiss the action without prejudice against that defendant or order that service be made within a specified time."). Therefore, pursuant to the provisions of Rule 4(m), the Court recommends that this action be dismissed for failure to effect proper service and failure to prosecute unless Plaintiffs, within the 14-day deadline to object to this Report and Recommendation, can provide proof of service or show good cause for an extension of time to serve Defendant.

Based upon the above, and upon all the files, records and proceedings herein,

IT IS HEREBY RECOMMENDED that:

1. That Plaintiffs' Complaint [Docket No. 1] be DISMISSED WITHOUT PREJUDICE, for failure to effect service and for lack of prosecution, unless Plaintiffs, within the 14-day deadline to object to this Report and Recommendation, can provide proof of service or show good cause for an extension of time to serve Defendant.

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