Filed: May 11, 2017
Latest Update: May 11, 2017
Summary: ORDER RODNEY GILSTRAP , District Judge . Before the Court is the Report and Recommendation filed by Magistrate Judge Payne on March 12, 2017 (Dkt. No. 13), recommending Interactive One, LLC's Motion to Dismiss for Failure to Serve Complaint (Dkt. No. 10) be granted. 1 The Report and Recommendation provided Autumn Cloud fourteen days to file objections. See (Dkt. No. 13.) No objections were timely filed. On March 28, 2017, a day after the objection-period had expired, Autumn Cloud infor
Summary: ORDER RODNEY GILSTRAP , District Judge . Before the Court is the Report and Recommendation filed by Magistrate Judge Payne on March 12, 2017 (Dkt. No. 13), recommending Interactive One, LLC's Motion to Dismiss for Failure to Serve Complaint (Dkt. No. 10) be granted. 1 The Report and Recommendation provided Autumn Cloud fourteen days to file objections. See (Dkt. No. 13.) No objections were timely filed. On March 28, 2017, a day after the objection-period had expired, Autumn Cloud inform..
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ORDER
RODNEY GILSTRAP, District Judge.
Before the Court is the Report and Recommendation filed by Magistrate Judge Payne on March 12, 2017 (Dkt. No. 13), recommending Interactive One, LLC's Motion to Dismiss for Failure to Serve Complaint (Dkt. No. 10) be granted.1 The Report and Recommendation provided Autumn Cloud fourteen days to file objections. See (Dkt. No. 13.) No objections were timely filed.
On March 28, 2017, a day after the objection-period had expired, Autumn Cloud informed the Court that "the summons and complaint were served . . . [on] March 27, 2017." (Dkt. No. 18.) Service was made to John Weaver at 805 3rd Ave, Suite 1055, New York, NY 10022. (Dkt. No. 16-1; Dkt. No. 17.) However, Interactive One, LLC has indicated that it does not have an employee or agent named John Weaver and it does not have an office at 805 3rd Ave in New York. (Dkt. No. 18.) Accordingly, because Interactive One, LLC has not been properly served, the Report and Recommendation (Dkt. No. 13) is ADOPTED. Interactive One, LLC's motion to dismiss (Dkt. No. 10) is GRANTED.
Autumn Cloud's action against Interactive One, LLC is hereby DISMISSED WITHOUT PREJUDICE. See Fed. R. Civ. Proc. 4(m). The Scheduling Order entered on May 1, 2017 is VACATED, and the clerk is directed to close this case.
So ORDERED.
