BROAD STREET SUPERMARKET CORP. v. U.S., 11 CV 4133 (NG) (RLM). (2012)
Court: District Court, E.D. New York
Number: infdco20120424b99
Visitors: 12
Filed: Apr. 23, 2012
Latest Update: Apr. 23, 2012
Summary: ORDER NINA GERSHON, District Judge. Plaintiffs counsel has objected to the recommendation of Magistrate Judge Roanne L. Mann that this action be dismissed with prejudice for lack of prosecution. While counsel's excuse for not responding to Judge Mann's order to show cause why the case should not be dismissed is, so far as it is discernable, not persuasive, other factors, including the relative recency of the case, the interest in resolving cases on the merits, and counsel's expressed interest
Summary: ORDER NINA GERSHON, District Judge. Plaintiffs counsel has objected to the recommendation of Magistrate Judge Roanne L. Mann that this action be dismissed with prejudice for lack of prosecution. While counsel's excuse for not responding to Judge Mann's order to show cause why the case should not be dismissed is, so far as it is discernable, not persuasive, other factors, including the relative recency of the case, the interest in resolving cases on the merits, and counsel's expressed interest i..
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ORDER
NINA GERSHON, District Judge.
Plaintiffs counsel has objected to the recommendation of Magistrate Judge Roanne L. Mann that this action be dismissed with prejudice for lack of prosecution. While counsel's excuse for not responding to Judge Mann's order to show cause why the case should not be dismissed is, so far as it is discernable, not persuasive, other factors, including the relative recency of the case, the interest in resolving cases on the merits, and counsel's expressed interest in proceeding expeditiously persuade me to withhold dismissal with prejudice at this time.
However, counsel concedes that service on the defendants was not properly made. Counsel's reliance on a process server to decide who to serve does not excuse the improper service or constitute good cause for an extension of time to serve under Rule 4(m) of the Federal Rules of Civil Procedure. Therefore, this action is dismissed for lack of service without prejudice.
SO ORDERED.
Source: Leagle
