Kinzie v. The Bank of New York Mellon Corporation et al

Filing 32

ORDER - That the 31 Report-Recommendation and Order is ADOPTED in its entirety. That the action be DISMISSED without prejudice pursuant to Fed. R. Civ. P. 4(m) for failure to effectuate timely service upon the defendant U.S. Department of Labor Employee Benefits Security Administration. That the clerk is directed to close this case. Signed by Senior Judge Gary L. Sharpe on 7/5/2016. (jel, )

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
________________________________
DAVID KINZIE, individually and as
Beneficiary Under the Pilar Kinzie
Employee Stock Ownership Plan,
The Bank of New York Company,
Inc. and on behalf of Pilar Kinzie,
deceased
Plaintiff,

1:14-cv-1191
(GLS/CFH)

v.
U.S. DEPARTMENT OF LABOR
EMPLOYEE BENEFITS SECURITY
ADMINISTRATION
Defendant.
________________________________
APPEARANCES:
OF COUNSEL:
FOR THE PLAINTIFF:
Office of William A. Brenner
P.O. Box 369
157 Main Street
Grahamsville, New York 12740

WILLIAM A. BRENNER, ESQ.

Gary L. Sharpe
Senior District Judge
ORDER
The above-captioned matter comes to this court following a ReportRecommendation and Order by Magistrate Judge Christian F. Hummel,

duly filed on June 6, 2016. (Dkt. No. 31.) Following fourteen days from the
service thereof, the Clerk has sent the file, including any and all objections
filed by the parties herein.
No objections having been filed, and the court having reviewed the
Report-Recommendation for clear error, it is hereby
ORDERED that the Report-Recommendation and Order (Dkt. No.
31) is ADOPTED in its entirety; and it is further
ORDERED that the action be DISMISSED without prejudice pursuant
to Fed. R. Civ. P. 4(m) for failure to effectuate timely service upon the
defendant U.S. Department of Labor Employee Benefits Security
Administration; and it is further
ORDERED that the clerk is directed to close this case; and it is
further
ORDERED that the clerk of the court serve a copy of this order upon
the parties in accordance with this court’s Local Rules.
IT IS SO ORDERED.
July 5, 2016
Albany, New York

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