`
`
`
`
`
`UNITED STATES DISTRICT COURT
`WESTERN DISTRICT OF WASHINGTON
`AT SEATTLE
`
`DAVID JEFFREY CENEDELLA,
`
`CASE NO. 2:23-cv-274
`
`
`
`
`
`v.
`
`Plaintiff,
`
`ORDER TO SHOW CAUSE
`
`BRISTOL MYERS SQUIBB CO., a
`Delaware corporation doing business in
`Washington,
`
`
`
`Defendant.
`
`The Court raises this matter sua sponte. With limited exceptions that do not
`
`apply here, plaintiffs must serve defendants with a summons and a copy of the
`
`complaint within 90 days of filing their complaint. Fed. R. Civ. P. 4(m). If proper
`
`service is not made within this time, the Court may on its own accord after notice to
`
`the plaintiff dismiss the action for failure to achieve timely service. Id.
`
`Plaintiff David Jeffrey Cenedella filed his complaint on February 27, 2023.
`
`Dkt. No. 1. A summons was issued on March 2, 2023. Dkt. No. 4. So the time for
`
`serving the summons and complaint—90 days later—expired on May 28, 2023. No
`
`ORDER TO SHOW CAUSE - 1
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`
`
`
`
`Case 2:23-cv-00274-JNW Document 8 Filed 11/09/23 Page 2 of 2
`
`
`
`proof of service was filed, and Defendant Bristol Myers Squibb Co. has not
`
`appeared. See docket generally.
`
`Therefore, it is ORDERED that Cenedella show cause within 14 days of the
`
`date of this Order why this matter should not be dismissed without prejudice under
`
`Fed. R. Civ. P. 4(m) for failure to effect timely service.
`
`Dated this 9th day of November, 2023.
`
`A
`
`Jamal N. Whitehead
`United States District Judge
`
`
`
`ORDER TO SHOW CAUSE - 2
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`
`
`