Lu v. Baker., Jr et al

Filing 48

Chief Judge Patti B. Saris: ORDER entered. MEMORANDUM AND ORDER. Plaintiffs remaining claims against defendants G & M Court Reporters and Mary Piccirilli are dismissed without prejudice pursuant to Federal Rule of Civil Procedure 4(m). The clerk mailed a hard copy of this Memorandum and Order to plaintiff at the address on the docket sheet.(PSSA, 4)

UNITED STATES DISTRICT COURT
DISTRICT OF MASSACHUSETTS
FRIEDRICH LU,
Plaintiff,
v.
CHARLES D. BAKER, JR., et al.,
Defendants.

)
)
)
)
)
)
)

Civ. Action No. 15-10615-PBS

ORDER
May 4, 2016
SARIS, C.D.J.
By Memorandum and Order dated April 13, 2016, the Court
denied plaintiff’s motion for default and plaintiff was granted
additional time to effect proper service on defendants G & M
Court Reporters and Mary Piccirilli.

See Docket No. 44.

Plaintiff was granted fourteen days to file a return of service.
Id.

The Clerk reissued summons on April 13, 2016.

See Docket

No. 45.
The following day, on April 14, 2016, plaintiff filed a
response (Docket No. 47) to the Court’s April 13, 2016
Memorandum and Order as well as a response (Docket No. 46) to
the Court’s earlier Memorandum and Order dated March 30, 2016.
Plaintiff has still not filed a valid return of service.
See Docket.

In fact, plaintiff explains, among other things,

that he “will not serve the duo [defendants G & M Court
Reporters and Mary Piccirilli] by Apr 27, 2016.”
47.

See Docket No.

He continues to assert the previously rejected argument

that these two defendants “appeared” in this action because of
their counsel’s attempt to file an answer.

Id.

Despite being granted additional time to file a return of
service with the Court, plaintiff informed the court that he
will not and the time for doing so has expired.

Under the

circumstances, the claims against defendants G & M Court
Reporters and Mary Piccirilli will be dismissed without
prejudice for failure to properly serve these two defendants.
ORDER
Based upon the foregoing, it is hereby Ordered that:
1.

Plaintiff’s remaining claims against defendants G & M
Court Reporters and Mary Piccirilli are dismissed
without prejudice pursuant to Federal Rule of Civil
Procedure 4(m).

2.

The Clerk shall enter a separate order of dismissal
and terminate this action.

SO ORDERED.
/s/ Patti B. Saris
PATTI B. SARIS
CHIEF UNITED STATES DISTRICT JUDGE

2