Touchet v. United Specialty Insurance Company et al

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA
CHARLES TOUCHET 	CIVIL ACTION
VERSUS 	NO. 24-1020
UNITED SPECIALTY INSURANCE
COMPANY, ET AL
SECTION “R”
ORDER AND REASONS
Federal Rule of Civil Procedure 4(m) provides that “if a defendant is
not served within 90 days after the complaint is filed,” the Court must
dismiss the action without prejudice as to that defendant. 	Fed. R. Civ. P.
4(m). Under Rule 4(m), the court may sua sponte dismiss an action without
prejudice against unserved defendants. Fed. R. Civ. P. 4(m). If good cause
exists for the failure, the district court must extend the time of service for an
appropriate period. Id. A plaintiff bears the burden of showing valid service
or good cause for failure to effect timely service. 	Thrasher v. City of
Amarillo, 709 F.3d 509, 511 (5th Cir. 2013).
The 	record 	reflects 	that 	Touchet 	did 	not 	serve 	Progressive 	Gulf
Insurance Company within ninety days of filing the initial complaint.
The Court ORDERS plaintiff to show good cause IN WRITING for the
failure to timely serve Progressive Gulf Insurance Company no later than
February 10, 2026. 	Failure to do so will result in the Court dismissing
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plaintiff’s claims against Progressive Gulf Insurance Company without
prejudice under Fed. R. Civ. P. 4(m) without further notice.
New Orleans, Louisiana, this 3rd day of February, 2026.
_____________________
SARAH S. VANCE
UNITED STATES DISTRICT JUDGE
Case 2:24-cv-01020-SSV-DPC Document 82 Filed 02/03/26 Page 2 of 2