Goldner et al v Norris et al

Filing 19

ORDER: Pursuant to the Court's October 23, 2023 Order to Show Cause, the Plaintiffs filed a Show of Cause arguing that the Complaint should not be dismissed for failure to timely serve Defendant Norris because the Plaintiffs made reasonable eff orts to serve Defendant Norris in the United Kingdom and Defendant Norris cannot show prejudice from the delay in service. See ECF No. 15. Based on the record and the Plaintiff's submission, the Court does not find that the Plaintiffs made a rea sonable effort to serve Defendant Norris. Nevertheless, dismissal is not warranted at this time. The parties are directed to meet and confer to address the issue of service. By December 14, 2023, either (1) Plaintiffs are to file a proof of service on Defendant Norris, or (2) the parties are to file a joint stipulation informing the Court of Defendant Norris's intention to waive service. SO ORDERED. (Signed by Magistrate Judge Sarah Netburn on 11/14/2023) (dsh)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
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MARC GOLDNER, GOLDEN BELL
ENTERTAINMENT, LLC., et al.,
Plaintiffs,

23-CV-04078 (PAE)(SN)
ORDER

-againstALEXANDER NORRIS, ANDREWS MCMEEL
UNIVERSAL, LLC., and ANDREWS MCMEEL
PUBLISHING, LLC.,
Defendants.
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SARAH NETBURN, United States Magistrate Judge:

Pursuant to the Court’s October 23, 2023 Order to Show Cause, the Plaintiffs filed a
Show of Cause arguing that the Complaint should not be dismissed for failure to timely serve
Defendant Norris because the Plaintiffs made reasonable efforts to serve Defendant Norris in the
United Kingdom and Defendant Norris cannot show prejudice from the delay in service. See
ECF No. 15. Based on the record and the Plaintiff’s submission, the Court does not find that the
Plaintiffs made a reasonable effort to serve Defendant Norris. Nevertheless, dismissal is not
warranted at this time.
The parties are directed to meet and confer to address the issue of service. By December
14, 2023, either (1) Plaintiffs are to file a proof of service on Defendant Norris, or (2) the parties
are to file a joint stipulation informing the Court of Defendant Norris’s intention to waive
service.
SO ORDERED.

DATED:

SARAH NETBURN
United States Magistrate Judge

November 14, 2023
New York, New York
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