Guglielmo v. Assouline, Inc.

USDC SUNY UNITED STATES DISTRICT COURT DOCUMENT SOUTHERN DISTRICT OF NEW YORK ELECTRONICALLY FILED . ee JOSEPH GUGLIELMO, : DATE FILED: 1/11/2021 Plaintiff, : : 20-CV-5921 (VSB) -against- : : ORDER ASSOULINE, INC., et al., : Defendants.

VERNON S. BRODERICK, United States District Judge: On July 30, 2020, Plaintiff filed this action against Defendant Assouline, Inc. (Doc. 1.)

Plaintiff obtained a summons for Assouline, Inc. on July 31, 2020. (Doc. 4.) On October 7, 2020, Plaintiff amended the complaint, and added Assouline Publishing, Inc. as a defendant. (Doc. 5.) Plaintiff obtained a summons for Assouline Publishing, Inc. on October 8, 2020. (Doc. 7.) To date, Plaintiff has not filed affidavits of service or taken any other action to prosecute this case. Accordingly, it is hereby: ORDERED that, no later than January 19, 2021, Plaintiff shall submit a letter of no more than three (3) pages, supported by legal authority, demonstrating good cause as to why this case should not be dismissed pursuant to Federal Rule of Civil Procedure 4(m). “Good cause is generally found only in exceptional circumstances where the plaintiff's failure to serve process in a timely manner was the result of circumstances beyond its control.” E. Refractories Co. v. Forty Eight Insulations, Inc., 187 F.R.D. 503, 505 (S.D.N.Y. 1999) (internal quotation marks omitted). “District courts consider the diligence of plaintiff's efforts to effect proper service and any prejudice suffered by the defendant as a consequence of the delay.” /d. (internal quotation marks omitted). “An attorney's inadvertence, neglect, mistake or misplaced reliance does not constitute good cause.” Howard v. Klynveld Peat Marwick Goerdeler, 977 F Supp. 654, 658 (S.D.N.Y. 1997) (citing McGregor v. United States, 933 F.2d 156, 160 (2d Cir. 1991), aff'd, 173 F.3d 844 (2d Cir. 1999)). Plaintiff is warned that failure to submit a letter and to demonstrate good cause for failure to serve Defendants within ninety days after the complaint was filed will result in dismissal of this action.

SO ORDERED. on Dated: January 11, 2021 Hy LZ sere on a New York, New York JWIQK LEG VERNON S. BRODERICK United States District Judge