Lopez v. SQ Brooklyn Inc. et al

Filing 10

ORDER ADOPTING REPORT AND RECOMMENDATIONS: Case discontinued without prejudice. SO Ordered by Judge Raymond J. Dearie on 11/13/2017. (Ramesar, Thameera)

Download PDF
FILED IN CLERK'S OFFICE US DISTRICT COURT E.D.N.Y ^ NOV 1 3 2017 * UNITED STATES DISTRICT COURT BROOKLYN OFFICE EASTERN DISTRICT OF NEW YORK -X JOHN LOPEZ, Plaintiff, REPORT i& RECOMMENDATION 17CV4191(RJD)(LB) -against- SQ BROOKLYN INC.,SQ CORONA INC., doing Business as Sneaker Q,and LOUIS HONG, Defendants. BLOOM,United States Magistrate Judge: s/ RJD Plaintiff commenced this action on July 14, 2017. ECF No. 1. The Procedure provide that If 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. But if the plaintiff shows good cause for the failure, the court must extend the time for service for an appropriate period. Fed. R. Civ. P.4(m). By Order dated August 24,2017,the Court directed plaintiffto serve defendant Hong with the summons and complaint by October 12, 2017, pursuant to Rule 4(m), or show good cause why defendant Hong was not served by that date. ECF No. 7. The Court warned plaintiff that if he failed to file proof that defendant Hong was timely served or to show good cause why he was not timely served by October 12, 2017,1 would recommend that this action should be dismissed without prejudice pursuant to Rule 4(m). Id Plaintifffailed to comply with the Court's Order. As of the date of this Report, the Court's record does not reflect that plaintiff has filed proof of service of process on defendant Hong. Because plaintiff has failed to file proof of service or show good cause why service was not timely effected, it is respectfully reconmiended that plaintiff's action should be dismissed without prejudice pursuant to Rule 4(m)ofthe Federal Rules of Civil Procedure. 9 FILING OF OBJECTIONS TO TfflS REPORT AND RECOMMENDATION Pursuant to 28 U.S.C.§ 636(b)(1) and Rule 72(b)(2)ofthe Federal Rules of Civil Procedure, the parties shall have fourteen (14) days from service of this Report to file written objections. also Fed. R. Civ. P.6. Such objections(and any responses to objections) shall be filed with the Clerk ofthe Court. Any request for an extension oftime to file objections must be made within the fourteen- day period. Failure to file a timely objection to this Report generally waives any further judicial review. Marcella v. Capital Dist. Phvsicians* Health Plan.Inc.. 293 F.3d 42,46(2d Cir. 2002); Small V. Sec'v of Health & Human Servs.. 892 F.2d 15, 16(2d Cir, 1989); s^ Thomas v. Am,474 U.S. 140(1985). SO ORDERED. <OjK BLOOM United States Magistrate Judge Dated: October 18, 2017 Brooklyn,New York

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?