O'Rourke v. 495 Second Avenue LLC

District Court, S.D. New York

O'Rourke v. 495 Second Avenue LLC

Trial Court Opinion

UspcspsY—<“Citi‘Si DOCUMENT □ UNITED STATES DISTRICT COURT ELECTRONICALLY FILED | SOUTHERN DISTRICT OF NEW YORK | DOC #: □ nnnnnn-n == === □□□ === === === X DATE FILED: 4/29/2020 Le CHRISTOPHER O’ROURKE, Plaintiff, 20-CV-00487 (PAE)(SN) -against- ORDER 495 SECOND AVENUE LLC, et al., Defendants.

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SARAH NETBURN, United States Magistrate Judge: On January 17, 2020, plaintiff Christopher O’ Rourke filed a complaint against defendants 495 Second Avenue LLC and Khaled Albishari. Under Federal Rule of Civil Procedure 4(m), service was required within 90 days of the filling of the complaint, or by April 16, 2020. Nothing on the docket reflects that Plaintiff has requested the issuance of a summons or that service was made within this time. By May 6, 2020, the plaintiff shall submit a letter explaining the basis for failing to serve a summons and the complaint within the time allowed under Rule 4. If the plaintiff cannot establish good cause for such failure, the Court may dismiss the case without prejudice. See Meilleur v. Strong,

682 F.3d 56

. 62 (2d Cir. 2012); Fed. R. Civ. P. 4(m). SO ORDERED. —f NETBURN United States Magistrate Judge DATED: April 29, 2020 New York, New York

Reference

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