Swiney v. 160 Restaurant Concepts. LLC

Filing 13

MEMORANDUM AND ORDER: Neither party has objected to the R&R, and the time for doing so has passed. Swiney, moreover, still to this date has not responded to Magistrate Judge Pollak's Order or otherwise communicated with the Court. Finding no clear error on the face of the record, the Court hereby adopts Magistrate Judge Pollak's R&R. Accordingly, Swiney is directed to serve defendant within 30 (thirty) days of this Order. Should she fail to serve defendant within this time period, this action will be dismissed without prejudice. Ordered by Chief Judge Carol Bagley Amon on 5/16/2013. (Fernandez, Erica)

FILED

IN CLERK'S OFFICE
u.s. OI~TRICT COURT E.D.N.Y.

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK

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LEMUAL SWINEY,

*

MAY 2 0 2013

*

BROOKLYN OFFICE
Plaintiffs,

NOT FOR PUBLICATION
MEMORANDUM & ORDER
12-CV-03956 (CBA) (CLP)

-against160 RESTAURANT CONCEPTS, LLC,
Defendants.

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AMON, Chief United States District Judge.
On August 6, 2012, plaintiff Lemual Swiney commenced this action against defendant 160
Restaurant Concepts, LLC, alleging employment discrimination. On February 14, 2013, Magistrate
Judge Cheryl L. Pollak directed Swiney to obtain the address of the owner of the restaurant, which
is no longer in business, and to submit that information to the Court by March 15, 2013. Swiney
failed to respond, and accordingly, on March 20, 2013, Magistrate Judge Pollak issued a Report and
Recommendation ("R&R") recommending that Swiney be given one final thirty (30) day period to
serve defendant, after which, should she fail to serve defendant, the action be dismissed without
prejudice for failure to serve pursuant to Rule 4(m) of the Federal Rules of Civil Procedure.
Neither party has objected to the R&R, and the time for doing so has passed. Swiney,
moreover, still to this date has not responded to Magistrate Judge Pollak's Order or otherwise
communicated with the Court. Finding no clear error on the face of the record, the Court hereby
adopts Magistrate Judge Pollak's R&R. Accordingly, Swiney is directed to serve defendant within
30 (thirty) days of the date of this Order. Should she fail to serve defendant within this time period,
this action will be dismissed without prejudice.
SO ORDERED.
Dated: Brooklyn, New York
/~
, 2013
May

s/Carol Bagley Amon

0-

C<arol BaglefAm~
Chief United States District Judge