Piper v. Nissan Motors Acceptance Corporation, No. 3:2024cv01131 - Document 21 (N.D. Tex. 2025)
Court Description: Order Accepting 20 Findings and Recommendations; denying 11 Motion for Default Judgment filed by Ferrare Piper; and denying 16 Motion to Dismiss, filed by Nissan Motors Acceptance Corporation, Nissan North America Inc. As recommended by the magistrate judge, the court will give Plaintiff one final opportunity to effect service on Defendants and cure the service deficiencies identified by the magistrate judge. Accordingly, Plaintiff is directed to effect service as to both Defenda nts and file an executed return or returns of service setting forth details regarding the manner of service by 3/3/25, or show cause in writing by this date for her failure or inability to do so. Failure to comply with this order will result in dismissal without prejudice of this action and Plaintiff's claims against both Defendants pursuant to Federal Rule of Civil Procedure 4(m). (Ordered by Judge Sam A. Lindsay on 1/31/2025) (chmb)
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Piper v. Nissan Motors Acceptance Corporation Doc. 21 IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF TEXAS DALLAS DIVISION FERRARE PIPER, Plaintiff, v. NISSAN MOTORS ACCEPTANCE CORPORATION and NISSAN NORTH AMERICA, INC., Defendants. § § § § § § § § § § § Civil Action No. 3:24-CV-1131-BT ORDER On January 8, 2025, the Findings, Conclusions and Recommendation of the United States Magistrate Judge (“Report”) (Doc. 20) was entered, recommending that the court grant deny Plaintiff’s Motion for Default Judgment (Doc. 11); deny Defendants’ Motion to Dismiss under Federal Rule of Civil Procedure 12(b)(5) (Doc. 16), and give pro se Plaintiff Ferrare Piper one last opportunity to properly serve Defendants without 30 days of the date the district court accepts these findings and recommendations. No objections to the Report were filed. Having considered the parties motions, the file, record in this case, and Report, the court determines that the findings and conclusions of the magistrate judge are correct, and accepts them as those of the court. Accordingly, the court denies the parties’ motions (Docs. 11, 16), and will give Plaintiff one final opportunity to serve Defendants and cure the service deficiencies identified by the magistrate judge. * Plaintiff is directed to effect service as to both Defendants and file an executed return of service setting forth details regarding the manner of service by March 3, 2025, This action was filed by Plaintiff on May 13, 2024. Accordingly, she has more than sufficient time to effect service on both Defendants in accordance with Federal Rule of Civil Procedure 4, which allows the court to dismiss without prejudice an action, after notice and opportunity to cure, when a plaintiff fails to effect service within 90 days of filing suit. See Fed. R. Civ. P. 4(m). * Order – Page 1 Dockets.Justia.com or show cause in writing by this date for her failure or inability to do so. Failure to comply with this order will result in dismissal without prejudice of this action and Plaintiff’s claims against both Defendants pursuant to Federal Rule of Civil Procedure 4(m). It is so ordered this 31st day of January, 2025. _________________________________ Sam A. Lindsay United States District Judge Order – Page 2
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