Free Order - District Court of Delaware - Delaware

Case 1:04-cv-00816-JJF Document 6 Filed 10/18/2005 Page1 of 2
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
SHEILA HAYFORD, :
Plaintiff, Z
v. ; Civil Action No. 04-816-JJF
TRAVELERS BANK AND TRUST, FSB,;
Defendant. E
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Ol; D E R
WHEREAS, the Court issued an Order requiring Plaintiff to
show cause in writing within é enty (20) days of the Court's
Order why this case should no? be dismissed for failure to serve
process within 120 days of fi;Â¥ng the Complaint pursuant to
Federal Rule of Civil Procedure 4(m);
WHEREAS, Plaintiff respo$ped to the Court's Order with a
letter (D.I. 5) stating that gte Complaint was served on
Defendant “per copy dated Jul%r] O2, 2004," that “Plaintiff has
given them reasonable time to%;espond” and asking the Court to
grant Plaintiff the relief soight in the Complaint and not
dismiss this action; Y
WHEREAS, Plaintiff attached to her letter copies of the
SL1mmO1'1S ;
WHEREAS, the Court construes Plaintiff’s letter as a request
for default judgment under Federal Rule of Civil Procedure 55;
WHEREAS, the summons attached to the Complaint was issued by
the Clerk's office to Plaintiff, but it is Plaintiff’s burden to
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Case 1:04-cv-00816-JJF Docum} nt 6 Filed 10/18/2005 Page 2 of 2
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demonstrate that the summons was served on Defendant, and copies
of the summons are not adequate proof that service was
effectuated under the Federal Rules of Civil Procedure;
NOW THEREFORE, IT IS HEREBY ORDERED this l8th day of October
2005, that:
1. Plaintiff's letter (D.I. 5) which the Court construes
as a request for default judgment is DENIED.
2. Plaintiff shall have an additional twenty days (20)
from the date of this Order to show cause why this action should
not be dismissed for failure to effectuate service in accordance
with Federal Rule of Civil Procedure 4(m).
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Case 1:04-cv-00816-JJF

Document 6

Filed 10/18/2005

Page 1 of 2

Case 1:04-cv-00816-JJF

Document 6

Filed 10/18/2005

Page 2 of 2