Penn National Insurance et al v. Miller, No. 2:2021cv00571 - Document 28 (M.D. Ala. 2023)

Court Description: OPINION. Signed by Honorable Judge Myron H. Thompson on 3/16/2023. (amf, )

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Penn National Insurance et al v. Miller Doc. 28 IN THE DISTRICT COURT OF THE UNITED STATES FOR THE MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION PENN NATIONAL INSURANCE, as Subrogee of its Insured, Asphalt Concrete & Demolition & Cutting, and ASPHALT CONCRETE & DEMOLITION & CUTTING, Plaintiffs, v. JACQULYN MILLER, Defendant. ) ) ) ) ) ) ) ) ) ) ) ) ) ) CIVIL ACTION NO. 2:21cv571-MHT (WO) OPINION Plaintiffs filed this action bringing claims for negligence and wantonness and respondeat superior on August 27, 2021. Federal Rule of Civil Procedure 4(m) provides that a defendant must be served within 90 days of the filing of without prejudice. mailed to unexecuted. a complaint or else be dismissed On September 30, 2021, the summons defendant Jacqulyn Miller was returned See Summons Returned Unexecuted (Doc. 15). On January 26, 2022, the United States Magistrate Judge Dockets.Justia.com entered an order (Doc. 22) directing plaintiffs to effectuate service of process on defendant Miller on or before February 23, 2022. The magistrate judge later granted plaintiffs’ motion for an extension of time to serve Miller (Doc. 23), giving them until March 23, 2022, to complete service. See Order (Doc. 24). An alias summons for Miller (Doc. 25) was issued by the clerk of court on March 10, 2022, but plaintiffs filed nothing thereafter. On April 15, 2023, the magistrate judge entered an order requiring plaintiffs, by April 22, 2023, to either (1) effectuate service or (2) file a notice regarding the status of service of process and show cause as to why the case should not be dismissed without prejudice under Federal Rule of Civil Procedure 4(m). Plaintiffs never responded. The court concludes that this case should be dismissed without prejudice under Rule 4(m). An appropriate judgment will be entered. DONE, this the 16th day of March, 2023. /s/ Myron H. Thompson UNITED STATES DISTRICT JUDGE

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