Touchet v. United Specialty Insurance Company et al

1
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.
Plaintiff did not respond to the Court’s order to show good cause for the
Case 2:24-cv-01020-SSV-DPC Document 84 Filed 02/11/26 Page 1 of 2

2
failure to timely service Progressive Gulf Insurance Company. 1 	As Plaintiff
has failed to show good cause, the Court dismissed plaintiff’s claims against
Progressive Gulf Insurance Company without prejudice under Fed. R. Civ. P.
4(m).
New Orleans, Louisiana, this 11th day of February, 2026.
_____________________
SARAH S. VANCE
UNITED STATES DISTRICT JUDGE
1 	R. Doc. 82.
Case 2:24-cv-01020-SSV-DPC Document 84 Filed 02/11/26 Page 2 of 2