Friedman v. Coon, 19 Civ. 7484 (LLS). (2019)
Court: District Court, S.D. New York
Number: infdco20191203835
Visitors: 26
Filed: Nov. 25, 2019
Latest Update: Nov. 25, 2019
Summary: ORDER LOUIS L. STANTON , District Judge . Plaintiffs filed their complaint on August 9, 2019. Rule 4(m) of the Federal Rules of Civil Procedure provides, in pertinent part: If a defendant is not served within 90 days after the complaint is filed, the court—on motion or on its own after notice to the plaintiff—must dismiss the action without prejudice against that defendant or order that service be made within a specified time. But if the plaintiff shows good cause for the failure, the cou
Summary: ORDER LOUIS L. STANTON , District Judge . Plaintiffs filed their complaint on August 9, 2019. Rule 4(m) of the Federal Rules of Civil Procedure provides, in pertinent part: If a defendant is not served within 90 days after the complaint is filed, the court—on motion or on its own after notice to the plaintiff—must dismiss the action without prejudice against that defendant or order that service be made within a specified time. But if the plaintiff shows good cause for the failure, the cour..
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ORDER
LOUIS L. STANTON, District Judge.
Plaintiffs filed their complaint on August 9, 2019.
Rule 4(m) of the Federal Rules of Civil Procedure provides, in pertinent part:
If a defendant is not served within 90 days after the complaint is filed, the court—on motion or on its own after notice to the plaintiff—must dismiss the action without prejudice against that defendant or order that service be made within a specified time. But if the plaintiff shows good cause for the failure, the court must extend the time for service for an appropriate period.
The 90-day deadline expired on November 7, 2019. To date, plaintiffs have not filed proof with the court that either of the defendants has been served.
Accordingly, unless on or before Monday, December 9, 2019 plaintiffs file an affidavit showing that each defendant has been served or shows good cause for their failure to do so, this action will be dismissed without prejudice against any defendant who has not been served.
So ordered.
Source: Leagle
