Doe v. The University of Texas Health Science Center At San Antonio et al

Western District of Texas, txwd-5:2019-cv-00453

ORDER NOTICE TO PLAINTIFF - Plaintiff is hereby ORDERED to serve Defendants within ten (10) days of the date of this Order. Signed by Judge David A. Ezra.

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UNITED STATES DISTRICT COURT WESTERN DISTRICT OF TEXAS SAN ANTONIO DIVISION DOE, § No. 5:19-CV-453-DAE § Plaintiff, § § vs. § § THE UNIVERSITY OF TEXAS § HEALTH SCIENCE CENTER AT § SAN ANTONIO, and MARCEL § NOUJEIM, § § Defendants. § NOTICE TO PLAINTIFF The matter before the Court is the status of this case. A complaint was filed against all Defendants on April 30, 2019. (Dkt. # 1.) Summonses were issued on May 16, 2019, but over three months have passed since those summonses were issued and the docket does not reflect that any Defendant has ever been served with process. (Dkts. ## 4, 5.) Pursuant to Federal Rule of Civil Procedure 4(m), "[i]f 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 prejudice against that defendant or order that service be made within a specified time." Fed. R. Civ. P. 4(m). Accordingly, pursuant to Rule 4(m), Plaintiff is hereby 1 ORDERED to serve Defendants within ten (10) days of the date of this Order. If Plaintiffs fail to comply or otherwise demonstrate the requisite cause necessary to extend the time for service pursuant to Rule 4(m), the Court will dismiss this action without prejudice after 10 days. IT IS SO ORDERED. DATED: San Antonio, Texas, August 20, 2019. _____________________________________ DDYLG $ODQ (]UD 6HQLRU UQLWHG SWDWHV DLVWLFW JXGJH 2