Fountain Equipment Finance, LLC v. GTS Freight, Inc. et al

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
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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
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