GS Holistic, LLC v. Columbus Smoke Shop LLC et al

Filing 18

REPORT AND RECOMMENDATIONS - It is respectfully recommended that this case be dismissed without prejudice as to Mohamed Al Morissi. Objections to R&R due by 6/20/2024. Signed by Magistrate Judge Michael R. Merz on 6/5/2024. (kpf)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
EASTERN DIVISION AT COLUMBUS
GS HOLISTIC, LLC,
Plaintiff,

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vs

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Case No. 2:23-cv-3218

District Judge Walter H. Rice
Magistrate Judge Michael R. Merz

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COLUMBUS SMOKE SHOP, LLC, et al.
Defendants

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REPORT AND RECOMMENDATIONS

This case is before the Court sua sponte for general case management.
The case was filed October 3, 2023, and process issued as to both Defendants (ECF Nos.
1 and 2). The corporate Defendant was served October 18, 2023 (Affidavit of Service, ECF No.
4). The corporate Defendant was served by serving its agent for service of process or manager,
identified in the Affidavit as “Monty Al Morissi”. The corporate Defendant never answered and
was found in default February 21, 2024 (ECF No. 13). The Court denied the Motion for Default
as to the individual Defendant, Mohamed Al Morissi, because there was no proof of service on
him as an individual Defendant (ECF No. 12).
Plaintiff thereupon moved for an extension of time to serve to March 28, 2024, which the
Court granted (ECF Nos. 14, 15). When that date passed without service, Plaintiff sought and
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received a further extension to May 1, 2024 (ECF Nos. 16, 17). However, as of the date of this
Report, there is no proof of service on Mohamed Al Morissi as an individual and no motion for
further extension of time.
Fed.R.Civ.P. 4(m) requires that service be made within ninety days after the filing of the
complaint. If not, the case is to be dismissed without prejudice as to the unserved parties. The
ninetieth day after filing the Complaint was January 1, 2024, and Plaintiff has shown no good
cause for its failure.
Accordingly, it is respectfully recommended that this case be dismissed without prejudice
as to Mohamed Al Morissi.
June 5, 2024.

NOTICE REGARDING OBJECTIONS
Pursuant to Fed. R. Civ. P. 72(b), any party may serve and file specific, written objections to the
proposed findings and recommendations within fourteen days after being served with this Report
and Recommendations. Such objections shall specify the portions of the Report objected to and
shall be accompanied by a memorandum of law in support of the objections. A party may respond
to another party’s objections within fourteen days after being served with a copy thereof. Failure
to make objections in accordance with this procedure may forfeit rights on appeal.
s/ Michael R. Merz
United States Magistrate Judge

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