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Transcontinental Insurance Co. v. Rainwater Construction Co. LLC

September 25, 2006

TRANSCONTINENTAL INSURANCE COMPANY ET AL
v.
RAINWATER CONSTRUCTION COMPANY LLC ET AL



ORDER

The file in this case reflects that a complaint was filed May 18, 2006 but does not show that the plaintiff has served defendant Rickey J. Kitchen with process, therefore failing to meet the requirements under the Federal Rules of Civil Procedure, with respect to Rule 4(c) requiring proof of service upon the defendants and (m) requiring a 120 day time limit for service of the summons and complaint.

IT IS ORDERED that the plaintiff through its counsel serve the complaint on the defendant and file an affidavit of service on or before October 6, 2006. If no affidavit is filed on or before October 6, 2006, an order of dismissal without prejudice will be entered by the Court for defendant Rickey J. Kitchen for failure to prosecute.

20060925

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