Torres-Rivera v. Ferrero Caribe et al
Filing
29
ORDER GRANTING 20 Motion to Dismiss and DISMISSING Plaintiff's claims against Defendants Ferrero Mexico, Ross de Luca, Anna de Luca, the conjugal partnership of Ross and Anna de Luca, and Barbara Boschiero WITHOUT PREJUDICE. Partial judgment to enter accordingly. Signed by Chief Judge Jose A Fuste on 1/9/09. (mrj)
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UNITED STATES DISTRICT COURT DISTRICT OF PUERTO RICO WANDA TORRES RIVERA, Plaintiff, v. FERRERO CARIBE, et al., Defendants. Civil No. 07-2095 (JAF)
ORDER Defendants Ferrero Mexico, Ross de Luca, Anna de Luca, the conjugal partnership of Ross and Anna de Luca, and Barbara Boschiero move to dismiss the present complaint against them because Plaintiff Wanda Torres Rivera has failed to serve them with a summons and complaint, in violation of Federal Rule of Civil Procedure 4(m). Docket No. 20. Rule 4(m) requires that process be perfected within 120 days of the filing of a complaint. Fed. R. Civ. P. 4(m). Plaintiff filed
her complaint on November 16, 2007. Docket No. 1. Plaintiff properly served process upon Defendant Ferrero Caribe on March 24, 2008. See
Docket No. 5. However, Plaintiff's service upon the moving Defendants was improper. After affording Plaintiff a reasonable opportunity to
perfect service, we quashed Plaintiff's service of process on the moving Defendants on June 13, 2008. Docket No. 14. To date, Plaintiff has not shown good cause for her failure to serve process on the moving Defendants, nor has she responded to the present motion to dismiss.
Civil No. 07-2095 (JAF) 1 2 3 4 5 6 7 8 9 10 11
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As Plaintiff has failed to comply with the service of process requirements of Rule 4(m), we GRANT the moving Defendants' motion to dismiss, Docket No. 20, and DISMISS Plaintiff's claims against Defendants Ferrero Mexico, Ross de Luca, Anna de Luca, the conjugal partnership of Ross and Anna de Luca, and Barbara Boschiero WITHOUT PREJUDICE. IT IS SO ORDERED. San Juan, Puerto Rico, this 8th day of January, 2009. s/José Antonio Fusté JOSE ANTONIO FUSTE Chief U.S. District Judge
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