J & J Sports Productions, Inc v. 2001 11th Street, LLC ( 2011 )

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
J & J SPORTS PRODUCTIONS, INC., :
:
Plaintiff, : Civil Action No.: 09-1534 (RMU)
:
v. :
:
2001 11TH STREET, LLC et al., :
:
Defendants. :
MEMORANDUM OPINION
DISMISSING THE CASE WITHOUT PREJUDICE FOR LACK OF JURISDICTION
The plaintiff filed suit on August 14, 2009, alleging that the defendants unlawfully
intercepted its live broadcast of a championship boxing match. See generally Compl. On
January 4, 2011, the court ordered the plaintiff to show cause on or before January 11, 2011 why
the case should not be dismissed for failure to comply with the service requirements articulated
in Federal Rule of Civil Procedure 4(l) and (m). Minute Order (Jan. 4, 2011). The plaintiff has
failed to respond to the court’s order.
A plaintiff must provide the court with proof that the summons and complaint was served
on the defendant within 120 days of the filing of the complaint. FED. R. CIV. P. 4(l), (m). “Proof
must be by the server’s affidavit.” Id. 4(l). If the plaintiff does not serve the defendant within
the prescribed period, the court lacks personal jurisdiction over the defendant and may, upon
providing notice to the plaintiff, dismiss the action without prejudice. Id. 4(m).
Here, the plaintiff has not provided the court with proof of service and has not responded
to the court’s show cause order. Accordingly, the court dismisses the case without prejudice
based on the plaintiff’s failure to comply with Federal Rule of Civil Procedure 4(l) and (m). An
Order consistent with this Memorandum Opinion is separately and contemporaneously issued
this 24th day of January 2011.
RICARDO M. URBINA
United States District Judge
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