Velasquez et al v. Commissioner of Social Security

Filing 11

ORDER: The Court's records reflect that the fee-paid complaint in this action was filed on November 7, 2022 and a summons has been issued. (ECF Nos. 1 - 2 .) Rule 4(m) of the Federal Rules of Civil Procedure provides: If a defendant is not serv ed 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 p laintiff shows good cause for the failure, the court must extend the time for service for an appropriate period. Plaintiffs shall serve the defendant on or before February 6, 2023 and shall then promptly file a return of service. Plaintiffs are war ned that a failure to timely serve the defendant, absent a showing of good cause, will lead to the dismissal of the complaint without prejudice for failure to prosecute pursuant to Federal Rules of Civil Procedure 4(m) and 41(b). SEE ATTACHED ORDER for details. So Ordered by Judge Joan M. Azrack on 1/18/2023. c/m to pltff (LC)

Case 2:22-cv-06777-JMA Document 11 Filed 01/18/23 Page 1 of 2 PageID #: 19

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
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LORENA VELASQUEZ,
JOHAN A. VELASQUEZ,
Plaintiffs,
-against-

For Online Publication Only

ORDER
22-CV-6777(JMA) FILED 

COMMISSIONER OF SOCIAL SECURITY,
Defendant.
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AZRACK, United States District Judge:

CLERK 

3:26 pm, Jan 18, 2023

U.S. DISTRICT COURT 
EASTERN DISTRICT OF NEW YORK 
LONG ISLAND OFFICE 

The Court’s records reflect that the fee-paid complaint in this action was filed on November
7, 2022 and a summons has been issued. (ECF Nos. 1-2.)
Rule 4(m) of the Federal Rules of Civil Procedure provides:
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.
Service upon the defendant shall be made at: Office of the Regional Chief Counsel, Region
VII, Social Security Administration, Richard Bolling Federal Building, 601 E. 12th Street, Room
965, Kansas City, MO 64106-2898; Commissioner of Social Security c/o Attorney General, US
Department of Justice, 950 Pennsylvania Avenue, Washington, DC 20530; and Commissioner of
Social Security c/o United States Attorney, 271 Cadman Plaza East, Brooklyn, NY 11201. See
Fed. R. Civ. P. 4(i); Code of Fed. Reg., § 423.1. Plaintiffs shall serve the defendant on or
before February 6, 2023 and shall then promptly file a return of service. Plaintiffs are
warned that a failure to timely serve the defendant, absent a showing of good cause, will lead
to the dismissal of the complaint without prejudice for failure to prosecute pursuant to

Case 2:22-cv-06777-JMA Document 11 Filed 01/18/23 Page 2 of 2 PageID #: 20

Federal Rules of Civil Procedure 4(m) and 41(b). Plaintiffs are encouraged to consult the free
resources available at the Pro Se Legal Assistance Program run by Hofstra Law School with any
questions about service of process by e-mailing [e-mail] or calling 631-297-2575.
SO ORDERED.
Dated:

January 18, 2023
Central Islip, New York

/s/ (JMA)
JOAN M. AZRACK
UNITED STATES DISTRICT JUDGE