Jay Scott Cohen v. Hyatt Corporation et al
ORDER DISMISSING PLAINTIFF'S CLAIMS AGAINST DEFENDANT NORDIC PCL CONSTRUCTION WITHOUT PREJUDICE re 61 Order Nordic PCL Construction (a Hawaii Corporation) terminated. Signed by JUDGE LESLIE E. KOBAYASHI on 10/06/2015. (eps)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF).
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF HAWAII
JAY SCOTT COHEN, an
HYATT CORPORATION, a Delaware
corporation; MARRIOTT RESORTS
HOSPITALITY CORPORATION, a
South Carolina corporation;
MARRIOTT INTERNATIONAL, INC.,
a Delaware Corporation;
NORDIC PCL CONSTRUCTION,
INC., a Hawaii Corporation;
and DOES 1 to 50,
CIVIL 15-00171 LEK-BMK
ORDER DISMISSING PLAINTIFF’S CLAIMS AGAINST
DEFENDANT NORDIC PCL CONSTRUCTION WITHOUT PREJUDICE
On September 14, 2015, this Court issued an Order to
[Dkt. no. 61.]
The Order to Show Cause: 1) noted
that there was no indication in the record that Plaintiff
Jay Scott Cohen (“Plaintiff”) served the complaint on Defendant
Nordic PCL Construction (“PCL”); and 2) ordered Plaintiff to show
cause why this Court should not dismiss his claims against Nordic
pursuant to Fed. R. Civ. P. 4(m).
Plaintiff’s response to the
Order to Show Cause was due by September 28, 2015.
On October 1, 2015, this Court received a letter dated
September 24, 2015 from Plaintiff’s counsel.
[Dkt. no. 65.]
letter states that Plaintiff will not be serving the Complaint on
Nordic, and he will not be filing a response to the Order to Show
The Order to Show Cause gave Plaintiff notice that this
Court was inclined to dismiss his claims against Nordic without
prejudice for failure to serve.
In light of Plaintiff’s
representations in the 9/29/15 Letter, this Court finds that
Plaintiff has not shown good cause for his failure to serve
Nordic within the 120-day period, and he does not object to the
dismissal of Nordic from this case.
This Court therefore
DISMISSES Plaintiff’s claims against Nordic WITHOUT PREJUDICE.
See Fed. R. Civ. P. 4(m) (“If a defendant is not served within
120 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 . . . .”).
This Court DIRECTS the Clerk’s Office to terminate
Nordic PCL Construction as a party.
IT IS SO ORDERED.
DATED AT HONOLULU, HAWAII, October 6, 2015.
/s/ Leslie E. Kobayashi
Leslie E. Kobayashi
United States District Judge
JAY SCOTT COHEN VS. HYATT CORPORATION, ET AL; CIVIL 15-00171 LEKBMK; ORDER DISMISSING PLAINTIFF’S CLAIMS AGAINST DEFENDANT NORDIC
PCL CONSTRUCTION WITHOUT PREJUDICE
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