Dicks v. Downeast Outfitters, Inc.

Filing 5

ORDER: Plaintiff is directed to advise the Court in writing why she has failed to serve the summons and complaint on Defendant within the ninety-day period, or, if Defendant has been served, when and in what manner such service was made. If no written communication is received by December 2, 2022, showing good cause why such service was not made within ninety days, the Court will dismiss the case. (Signed by Judge J. Paul Oetken on 11/18/2022) (ate)

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK VALERIE DICKS, on behalf of herself and all others similarly situated, Plaintiffs, -v - 22-CV-6632 (JPO) ORDER DOWNEAST OUTFITTERS, INC., Defendant. J. PAUL OETKEN, District Judge: A complaint was filed in this action on August 4, 2022. (Dkt. No. 1.) The docket does not indicate that Plaintiff has served Defendant. Rule 4(m) of the Federal Rules of Civil Procedure requires a defendant to be served with the summons and complaint within ninety days after the complaint is filed. Plaintiff is directed to advise the Court in writing why she has failed to serve the summons and complaint on Defendant within the ninety-day period, or, if Defendant has been served, when and in what manner such service was made. If no written communication is received by December 2, 2022, showing good cause why such service was not made within ninety days, the Court will dismiss the case. SO ORDERED. Dated: November 18, 2022 New York, New York ____________________________________ J. PAUL OETKEN United States District Judge

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