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)

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