Porcher v. GoDaddy.com LLC et al

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WO
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ARIZONA
Arthur Brud Porcher,
Plaintiff,
v.
GoDaddy.com LLC, et al.,
Defendants.
No. CV-25-03117-PHX-KML
ORDER
Plaintiff Arthur “Brud” Porcher filed his initial complaint on August 27, 2025. (Doc.
1.) Porcher did not pay the filing fee until September 11, 2025, when he also filed an
amended complaint. (Docs. 6, 7.) On September 15, 2025, the court issued its standard
preliminary order which ordered Porcher to file proof of service no later than December 5,
2025. (Doc. 12 at 7.) That order informed Porcher this case would automatically be
dismissed if proof of service was not filed by that date. On September 22, 2025, Porcher
filed notice that he mailed defendant GoDaddy.com LLC a waiver of service form but there
was no indication that mailing qualified as proper service for purposes of Fed. R. Civ. P.
4. (Doc. 18.)
On December 1, 2025, the court reminded Porcher that he needed to file proof of
service no later than December 5, 2025. (Doc. 19 at 2.) That order also stated “[f]ailure to
file proper proof of service will result in dismissal of this suit under Federal Rule of Civil
Procedure 4(m).” (Doc. 19 at 2.) Porcher received two warnings that his case would be
dismissed if he did not file proof of service but he did not do so. In these circumstances,
Case 2:25-cv-03117-KML Document 20 Filed 12/23/25 Page 1 of 2

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dismissal is appropriate under Rule 4(m).
Accordingly,
IT IS ORDERED the Amended Complaint (Doc. 7) is DISMISSED WITHOUT
PREJUDICE. The Clerk of Court shall enter judgment and close this case.
Dated this 23rd day of December, 2025.
Case 2:25-cv-03117-KML Document 20 Filed 12/23/25 Page 2 of 2