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- ilnd;;1:20-cv-01905_de22 RegisterActionDate "2020-10-26" @default.
- ilnd;;1:20-cv-01905_de22 RegisterActionDescriptionText "MINUTE entry before the Honorable John F. Kness: Before the Court is the status report 21 of Plaintiff First Mercury Insurance Company. Defendant Elite Exteriors, LLC is in default 17 and Plaintiff has been unable to effect service on Defendant E4DD00B. On September 3, 2020, the Court 19 noted Plaintiff's request for additional time to effect service on Defendant E4DD00B and stated Plaintiff was "granted leave to file a motion under FRCP 4(m) seeking additional time to effectuate service." Plaintiff has not filed a motion but states in its Status Report that it will file a stipulation of dismissal against Defendant E4DD00B if and when the Court enters a default judgment against Defendant Elite Exteriors, LLC. Under FRCP 4(m), if a defendant "is not served within 90 days after the complaint is filed, the courton motion or on its own after notice to the plaintiffmust dismiss the action without prejudice against that defendant or order that service be made within a specified time." But the Court "must extend the time for service for an appropriate period" if a plaintiff shows "good cause" for the failure to effect service. It was in the interest of a clear record pertaining to the "good cause" requirement of FRCP 4(m) that led the Court to grant Plaintiff leave to file a motion seeking additional time for service, given that the 90-day deadline has passed. No motion having been filed, the Court gives notice to Plaintiff under FRCP 4(m) that it will dismiss this action without prejudice as against Defendant E4DD00B on or after October 30, 2020 if service is not effected by then. As to the motion for default judgment, Plaintiff is directed to serve copies of the motion and this minute order on Defendant Elite Exteriors, LLC (by electronic or reliable physical means) and to file proof of such service on or before October 30, 2020. A hearing on the motion for default and for status is set for November 6, 2020 at 9:30 a.m. Any motion by Defendant Elite Exteriors, LLC to vacate its default must be filed on or before November 4, 2020. Counsel are to use the following call-in number: 888-684-8852, conference code 3796759. The public and media representatives may have access to the hearing via the same number. Audio recording of the hearing is not permitted; violations of this prohibition may result in sanctions. Participants are directed to keep their device muted when they are not speaking. Mailed notice (ags) (Entered: 10/26/2020)" @default.
- ilnd;;1:20-cv-01905_de22 AdministrativeID "22" @default.
- ilnd;;1:20-cv-01905_de22 hasReferenceToOtherEntry ilnd;;1:20-cv-01905_de17 @default.
- ilnd;;1:20-cv-01905_de22 hasReferenceToOtherEntry ilnd;;1:20-cv-01905_de19 @default.
- ilnd;;1:20-cv-01905_de22 hasReferenceToOtherEntry ilnd;;1:20-cv-01905_de21 @default.