Smith et al v. John Leite & Lisa Clark Trust

THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
CIVIL CASE NO. 1:24-cv-00151-MR-WCM
JACK SMITH and KERSTIN A. )
LANIER, )
)
Plaintiffs, )
)
vs. ) ORDER
)
JOHN LEITE & LISA CLARK TRUST, )
)
Defendant. )
_______________________________ )
THIS MATTER is before the Court on the Plaintiffs’ Response to
Court’s Show Cause Order. [Doc. 7].
On September 3, 2024, the Court entered an Order directing the
Plaintiffs to show cause in writing within fourteen (14) days for their failure to
effect service on the Defendant. [Doc. 5]. The Plaintiffs filed a Response to
the Court’s Order on September 12, 2024, indicating that after multiple
unsuccessful attempts, service finally was effected on the Defendant,
although outside of the 90-day window for service under Rule 4 of the
Federal Rules of Civil Procedure. [Doc. 7].
Case 1:24-cv-00151-MR-WCM Document 8 Filed 09/23/24 Page 1 of 2

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Upon review of the Plaintiffs’ Response, the Court concludes that the
Show Cause Order should be discharged and that this case should be
allowed to proceed.
IT IS, THEREFORE, ORDERED that the Show Cause Order [Doc. 5]
is hereby DISCHARGED, and this case shall be allowed to proceed.
IT IS SO ORDERED.
Signed: September 22, 2024
Case 1:24-cv-00151-MR-WCM Document 8 Filed 09/23/24 Page 2 of 2