3:25-cv-00457•Fountain Equipment Finance, LLC v. GTS Freight, Inc. et al
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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TENNESSEE FOUNTAIN EQUIPMENT FINANCE, ) LLC, ) ) Plaintiff, ) ) v. ) No.: 3:25-CV-457-TAV-JEM ) GTS FREIGHT, INC. and SEBASTIAN ) HUGENAU, ) ) Defendants. ) MEMORANDUM OPINION This civil action is before the Court on plaintiff’s response to the Court’s show cause order [Doc. 13]. Plaintiff filed this action against defendants on September 18, 2025 [Doc. 1]. Ninety days passed, and plaintiff did not submit any evidence that defendants had been served with process. See Fed. R. Civ. P. 4(l)(1), (m). Therefore, on January 6, 2026, this Court ordered plaintiff to, within seven days, provide evidence that defendants had received service of process in compliance with Federal Rule of Civil Procedure 4 or otherwise show good cause as to why service had not been made. Plaintiff subsequently filed two summonses returned unexecuted for defendants [Docs. 11, 12] along with a response to the Court’s show cause order [Doc. 13]. In its response, plaintiff submits that its counsel directed the process server to continue efforts to complete service on an address originally thought to be correct for both defendants [Id. at 1]. Plaintiff’s counsel further states that he inadvertently let the time for service lapse due to his own schedule and the recent holidays [Id.]. Accordingly, plaintiff requests that the Case 3:25-cv-00457-TAV-JEM Document 14 Filed 01/12/26 Page 1 of 2 PageID #: <pageID>
2 Court “allow it to file its own Notice of Dismissal without prejudice” so that its counsel can ascertain defendants’ locations before refiling [Id.]. Based on plaintiff’s representations, and there being no defendant having yet appeared, the Court finds it appropriate to dismiss this case. See Fed. R. Civ. P. 41(a)(2). In turn, this case is DISMISSED without prejudice. An appropriate order shall enter. IT IS SO ORDERED. s/ Thomas A. Varlan UNITED STATES DISTRICT JUDGE Case 3:25-cv-00457-TAV-JEM Document 14 Filed 01/12/26 Page 2 of 2 PageID #: <pageID>
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