Horn et al v. O'Brien et al

Filing 66

OPINION & ORDER: In sum, defendants' motion to dismiss the complaint for insufficient service of process is denied. Given the late stage of the litigation, the Yonkers defendants' long-standing and active participation in the action, and t he serious constitutional violations alleged, plaintiffs are entitled to have their day in court. The Court therefore exercises its discretion pursuant to Federal Rule of Civil Procedure 4(m) to enlarge the time for plaintiffs to properly effectuate service on the three Yonkers defendants for thirty days from the entry of this order. The summary judgment briefing schedule set forth by the Court in its March 4, 2013 order remains in effect. (Signed by Judge Sidney H. Stein on 4/17/2013) (mro)

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