Green Earth Enterprise LLC v. Sana Benefits, Inc.

Filing 14

ORDER granting 12 Letter Motion to Adjourn Conference. Application GRANTED. The Initial Pretrial Conference currently scheduled for May 14, 2024, is hereby ADJOURNED sine die. The Clerk of Court is respectfully directed to te1minate Dkt. No. 12. Under FRCP 4(h)(1)(A), service of Defendant can be made pursuant to New York law. Pursuant to Section 307 of New York Business Co1poration Law, it appears Plaintiff personally served an authorized agent of the New York Secreta1y of State on April 3 , 2024. Dkt. No. 9. On May 9, 2024, putative counsel for Defendant filed a letter contesting the propriety of such service. Dkt. No. 13. Without weighing on the merits of the propriety of service, or any anticipated motion for default judgment, the Court notes that Plaintiff filed its complaint on March 12, 2024 (Dkt. No. 1), and has until June 10, 2024 to complete proper service of Defendant, pursuant to FRCP 4. It is hereby ORDERED that counsel for Defendant file a Notice of Appearance no lat er than May 13, 2024. Counsel's appearance shall in no way prejudice any right to further contest personal jurisdiction and the propriety of service, including by way of a motion to dismiss under FRCP 12. SO ORDERED. (Signed by Judge Margaret M. Garnett on 5/10/2024) (mml)