Watkins v. Collins et al

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IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ARIZONA
Gaye Nell Watkins,
Plaintiff,
v.
Douglas A. Collins, Secretary of
Veterans Affairs,
Defendant.
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No. CIV 24-126-TUC-CKJ
ORDER
On October 24, 2025, this Court screened the Fourth Amended Complaint ("FAC")
against Defendant Douglas A. Collins, Secretary of Veterans Affairs ("the SVA") filed by
Plaintiff Gaye Nell Watkins ("Watkins"). The Court dismissed without leave to amend the
discrimination claims based on color, sex, and age, the FLSA claims, and the tort claims
(negligent and/or intentional infliction of emotional distress). The Court found Watkins had
stated claims for discrimination based on race and disability, failure to accommodate a
disability, and retaliation.
The Court ordered Watkins to arrange for service of the FAC and a copy of the Order
upon the SVA within sixty (60) days from October 24, 2025, the date of filing of the Order.
Watkins was notified the "[f]ailure to timely complete service may result in dismissal of this
action. See Fed.R.Civ.P. 4(m)." October 24, 2025, Order (Doc. 19, p. 13). Watkins sought,
and the Court granted, a request to extend the time to complete service. (Docs. 20, 21). The
Court set the deadline to complete service to be March 6, 2026.
As of this date, Watkins has not completed service upon the SVA and has not
requested additional time to complete service. The Court finds it appropriate to dismiss the
Case 4:24-cv-00126-CKJ Document 22 Filed 05/26/26 Page 1 of 2

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FAC and this action. See Fed.R.Civ.P. 4(m) (sua sponte dismissal without prejudice after
notice to plaintiff).
Accordingly, IT IS ORDERED Watkins' Fourth Amended Complaint and this action
are DISMISSED WITHOUT PREJUDICE.
DATED this 26th day of May, 2026.
Case 4:24-cv-00126-CKJ Document 22 Filed 05/26/26 Page 2 of 2