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15-3971 - Direct Niche, LLC v. Via Varejo S/A


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15-3971 - Direct Niche, LLC v. Via Varejo S/A
May 6, 2016
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REPORT AND RECOMMENDATION IT IS HEREBY RECOMMENDED that Plaintiffs Complaint, [Docket No. 1], be DISMISSED without prejudice, for failure to effect service and for lack of prosecution, unless Plaintiff, within the 14-day period to object to thisReport and Recommendation, obtains counsel and such counsel appears and provides proof of service or demonstrates good cause for an extension of time to serve Defendant. See Widtfeldt v. Daugherty, U.S. Ct. App. No. 14-1907 (8th Cir. December 16, 2014) (per curiam, unpublished) (holding that the district court did not abuse its discretion in dismissing the action without prejudice when plaintiff failed to establish that he had properly effected service within 120 days after filing his complaint). cc: Direct Niche, LLC. Signed by Magistrate Judge Leo I. Brisbois on 5/6/16. (JDF)
June 10, 2016
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ORDER ADOPTING REPORT AND RECOMMENDATION 6. COMPLAINT 1 DISMISSED WITHOUT PREJUDICE. (Written Opinion). Signed by Judge Wilhelmina M. Wright on 06/10/2016. (TJB) CC: Direct Niche. (kt)