Dreamwear, Inc. v. B & P Intimates Inc. et al

Filing 9

OPINION AND ORDER: Accordingly, the above-caption action is dismissed without prejudice for failure to effect service, Fed. R. Civ. P. 4(m). The Clerk of the Court is respectfully directed to close the case. SO ORDERED. (Signed by Judge Edgardo Ramos on 10/15/2019) (kv)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK

DREAMWEAR, INC.,
Plaintiff,

OPINION AND ORDER
16 Civ. 8973 (ER)

– against –
B & P INTIMATES INC., JOHN DOES 1-10,
Defendants.

October 15, 2019

Ramos, D.J.:
Plaintiff Dreamwear, Inc. commenced this action on November 18, 2016. Doc. 1. On
November 21, 2016, the Court directed Plaintiff to refile their complaint due to several
deficiencies therein. Plaintiff properly refiled their complaint on November 21, 2016, and a
summons was issued on the same day. Doc. 6-7. Since then, there has been no activity in this
case and the Court has not received any further communication from Plaintiff. The time period
for service of the summons and amended complaint expired on March 18, 2017. To date, none
of the defendants has been served and Plaintiff has not requested an extension of time to serve.
Accordingly, the above-caption action is dismissed without prejudice for failure to effect
service, Fed. R. Civ. P. 4(m). The Clerk of the Court is respectfully directed to close the case.
SO ORDERED.
Dated:

October 15, 2019
New York, New York

____________________________
Edgardo Ramos, U.S.D.J.