Free Order - District Court of Delaware - Delaware

Case 1:04-cv-00331-JJF Document 69 Filed 08/07/2008 Page1 of 2
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
MARKUS BLECHNER, Individually :
and on Behalf of All Others :
Similarly Situated, :
Plaintiffs, ;
v. E Civil Action No. 04-331-JJF
DAIMLER—BENZ AG, et al., E
Defendants. i
O R D E R
WHEREAS, by letter (D.I. 66), counsel for Plaintiffs
advised the Court that they intend to proceed against the
Individual Defendants after the Third Circuit Court of Appeals
resolves the pending appeal, In re: DamilerChrysler AG Sec.
Litig., Docket No. 05-2363;
WHEREAS, by letter (D. I. 67), the Court advised
counsel that the manner of proceeding outlined in their letter
was acceptable;
WHEREAS, in September 2007, the Third Circuit Court of
Appeals issued an Order resolving the appeal cited in Plaintiffs'
letter
WHEREAS, Federal Rule of Civil Procedure 4(m) provides
for dismissal based on a failure to effectuate service;
WHEREAS, eight months have passed since resolution of
the appeal, and to date Plaintiffs have failed to effectuate
service on the Individual Defendants;
WHEREAS, no further activity has occurred in this case
and Plaintiffs have not provided the Court with cause for the

Case 1:04-cv-00331-JJF Document 69 Filed 08/07/2008 Page 2 of 2
inactivity;
NOW THEREFORE, IT IS HEREBY ORDERED that the above-
captioned case is DISMISSED.
August l, 2008 `gQ9C£R· - & .
DATE UN ED TATE DISTRICT JUDG

Case 1:04-cv-00331-JJF

Document 69

Filed 08/07/2008

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Case 1:04-cv-00331-JJF

Document 69

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