Monegro v. Airturn, Inc..

Filing 8

ORDER: Accordingly, in light of Plaintiff's failure to serve Defendant and to respond to this Court's Order, this case is DISMISSED without prejudice. The Clerk is directed to close the case. So Ordered (Signed by Judge J. Paul Oetken on 2/17/2021) (js)

Case 1:20-cv-08353-JPO-BCM Document 8 Filed 02/17/21 Page 1 of 2

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
FRANKIE MONEGRO,
Plaintiff,
20-CV-8353 (JPO)
-vORDER
AIRTURN, INC.,
Defendant.

J. PAUL OETKEN, District Judge:
Plaintiff Frankie Monegro brings this action against Defendant Airturn, Inc., claiming
violations of the Americans with Disabilities Act, 42 U.S.C. §§ 12181 et seq., and New York
law.
This action was filed on October 7, 2020. (Dkt. No. 1.) The docket does not reflect that
Plaintiff has served Defendant with the complaint. On January 25, 2021, the Court directed
Plaintiff to advise the Court in writing why he has failed to serve the summons and complaint on
Defendant, or, if Defendant had been served, when and in what manner such service was made.
(Dkt. No. 7). The Court warned Plaintiff that if no written communication was received by
February 8, 2021, the Court would dismiss the case. (Id.) The Court has not received any such
communication.
Federal Rule of Civil Procedure 4(m) requires a defendant to be served with the summons
and complaint within 90 days after the complaint is filed. Rule 4(m) requires that “[i]f 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.” Fed. R. Civ. P. 4(m).

1

Case 1:20-cv-08353-JPO-BCM Document 8 Filed 02/17/21 Page 2 of 2

Accordingly, in light of Plaintiff’s failure to serve Defendant and to respond to this
Court’s Order, this case is DISMISSED without prejudice. The Clerk is directed to close the
case.

SO ORDERED.
Dated: February 17, 2021
New York, New York
____________________________________
J. PAUL OETKEN
United States District Judge

2