Noel v. Workout World, Inc. et al

Filing 19

Judge Rya W. Zobel: ORDER entered. re 18 Letter/request (non-motion); JUDGMENT MAY BE ENTERED DISMISSING THE COMPLAINT. (Urso, Lisa)

UNITED STATES DISTRICT COURT
DISTRICT OF MASSACHUSETTS

CIVIL ACTION NO. 10-11966-RWZ
ARNOLD NOEL
v.
WORKOUT WORLD, INC., et al.

ORDER
November 7, 2011
ZOBEL, D.J.

On July 14, 2011, this court allowed a motion to dismiss by all defendants except
Professional Fitness, which had not been served. It further ordered plaintiff to make
service on the last named defendant by July 21, 2011, in default thereof the complaint
would be dismissed. On July 20, 2011, plaintiff filed a proof of service that shows
service of a summons by a constable on defendant at “Morrison Mahoney LLP, 250
Summer Street, Boston MA 02210, Professional Fitness.” The date inserted is 12-1010. This is not sufficient service on the defendant Professional Fitness and the
complaint against this defendant is dismissed.
Judgment may be entered dismissing the complaint.

November 7, 2011
DATE

/s/Rya W. Zobel
RYA W. ZOBEL
UNITED STATES DISTRICT JUDGE