USDC SDNY UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK DOC #: ccna cance canna ncnc canna XK DATE FILED: 12/3/2024 JUAN IGARTUA, . Plaintiff, : : 24-cv-6594 (LJL) ~ MEMORANDUM AND HAPPY DAYS DISPENSARY INC., : ORDER Defendant.

LEWIS J. LIMAN, United States District Judge: Plaintiff filed his complaint on August 30, 2024, but has not yet filed proof of service as required by Federal Rule of Civil Procedure 4(1)(1). Federal Rule of Civil Procedure 4(m) states that “[i]f a defendant is not served within 90 days after the complaint is filed, the court—on motion or on its own after notice to the plaintiff—must dismiss the action without prejudice against that defendant or order that service be made within a specified time.” Fed. R. Civ. P. 4(m); see also Labombard vy. City of New York,

, at *1 (S.D.N.Y. June 6, 2023) (“As the Federal Rules make clear, ‘[t]he plaintiff is responsible for having the summons and complaint served within the time allowed by Rule 4(m).’” (citing Fed. R. Civ. P. 4(c)(1))). The Court held an initial pretrial conference on December 3, 2024. No party attended. “Federal Rule of Civil Procedure 41 permits the Court to dismiss an action sua sponte for failure to prosecute or failure to comply with an order of the Court.” Farion v. Ezzo,

, at *1 (S.D.N.Y. Sept. 17, 2020) (citation omitted).

Plaintiff shall show cause no later than December 17, 2024, why this case should not be dismissed for failure to prosecute or for failure to effect timely service. Failure to respond by December 17, 2024 may result in dismissal.

SO ORDERED.

Dated: December 3, 2024 we AE New York, New York LEWIS J. LIMAN United States District Judge