Sams et al v. GA West Gate, LLC et al

Filing 87

ORDER granting 80 Motion to drop defendants' American Housing Foundation and Michelle Abdoo. Signed by Judge William T. Moore, Jr on 7/22/16. (wwp) Modified on 7/22/2016 (wwp).

C

IN THE UNITED STATES DISTRICT COURT FOR
THE SOUTHERN DISTRICT OF GEORGIA
SAVANNAH DIVISION

r.

u

C5 JUL 27 P2:29
'L-Mu FGA.

TENYIKA SANS; BRIGITTE BROWN,
MARIE DAVIS; TOMEKA DUDLEY;
SHANEQJITA FRAZIER; ADRIAN
KENNEDY; LESLIE MITCHELL;
LORETTA MORLEY; SHANA ROUSE;
NATALIE WALLACE; LATOYA WHITE;
JNAI WHITEHEAD; ROSHAUN
WILLIAMS; SAVANNAH-CHATHAM
COUNTY FAIR HOUSING COUNCIL,
INC.; and JEANIE BELALCAZAR;
Plaintiffs,
CASE NO. CV415-282

MAP

GA WEST GATE, LLC; AMERICAN
APARTMENT MANAGEMENT COMPANY,
INC.; CHG WEST GATE, LLC;
AMERICAN HOUSING FOUNDATION,
INC.; MICHELLE ABDOO; and CITY
OF GARDEN CITY;
Defendants.

ORDER
Before the Court is Plaintiffs' Motion to Drop Defendants
American Housing Foundation and Michelle Abdoo Pursuant to
Plaintiffs' Notice of Dismissal. (Doc. 80.) According to Federal
Rule of Civil Procedure 4(m), [i]f 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." Defendants American

Housing Foundation' and Michelle Abdoo have not been served in
this case. Accordingly, Plaintiffs' motion (Doc. 80) is

GRANTED

and Defendants American Housing Foundation and Michelle Abdoo
are DISMISSED WITHOUT PREJUDICE.
AoOV

SO ORDERED this 22day of July 2016.

WILLIAM T, MOORE, J
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF GEORGIA

1

Defendant American Housing Foundation has filed for bankruptcy,
which resulted in the imposition of an automatic stay. (Doc. 80
at 2.) However, 'the purposes of the Bankruptcy Code [a]re in no
way infringed by the dismissal by a plaintiff of a case against
the bankrupt without any additional cost or risk to the bankrupt
or its creditors." Slay v. Living Ctrs. East, Inc., 249 B.R.
807, 807 (S.D. Ala. 2000) (quoting Chase Manhattan Bank, N.A. v.
Celotex Corp., 852 F. Supp. 226, 228 (S.D.N.Y. 1994)).
2