Payne v. McGettigan's Management Services LLC, 19cv1517 (DLC). (2019)
Court: District Court, S.D. New York
Number: infdco20191118630
Visitors: 13
Filed: Nov. 12, 2019
Latest Update: Nov. 12, 2019
Summary: ORDER DENISE COTE , District Judge . On October 25, 2019, plaintiff requested permission by letter to serve defendant Dennis McGettigan ("McGettigan") through substituted service on counsel for defendant McGettigan's Management Services LLC ("MMS"). The application is denied. This action was initiated on February 18, 2019. McGettigan was not named as a defendant in the action when it was filed. On September 6, plaintiff amended her complaint to join McGettigan as a defendant. Following the
Summary: ORDER DENISE COTE , District Judge . On October 25, 2019, plaintiff requested permission by letter to serve defendant Dennis McGettigan ("McGettigan") through substituted service on counsel for defendant McGettigan's Management Services LLC ("MMS"). The application is denied. This action was initiated on February 18, 2019. McGettigan was not named as a defendant in the action when it was filed. On September 6, plaintiff amended her complaint to join McGettigan as a defendant. Following the ..
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ORDER
DENISE COTE, District Judge.
On October 25, 2019, plaintiff requested permission by letter to serve defendant Dennis McGettigan ("McGettigan") through substituted service on counsel for defendant McGettigan's Management Services LLC ("MMS"). The application is denied.
This action was initiated on February 18, 2019. McGettigan was not named as a defendant in the action when it was filed. On September 6, plaintiff amended her complaint to join McGettigan as a defendant. Following the initial pretrial conference held on September 12, a scheduling order of September 13 required plaintiff to initiate service of process on McGettigan no later than September 27. Plaintiff has presented no information suggesting that she complied with that Order. Nor did she timely seek an extension of the September 27 deadline. As of her October 25 request, plaintiff still had not commenced service. Plaintiff's October 25 letter offers no legal authority to suggest that substitute service through counsel for MMS is appropriate in the circumstances here. Accordingly, plaintiff is hereby
ORDERED to show cause by Friday, November 15, why her claims against McGettigan should not be dismissed without prejudice.
SO ORDERED.
Source: Leagle
