USDC SDNY DOCUMENT UNITED STATES DISTRICT COURT ieee RONICALLY FILED SOUTHERN DISTRICT OF NEW YORK DATE FILED. 10/10/2025 JUAN MALDONADO ESLAVA, individually and on behalf of others similarly situated, OPINION AND ORDER Plaintiff, 25-CV-1463 (AT) (HJR) -V- HEAVENLY DELICATESSEN MARKET GROUP, INC. (D/B/A HEAVENLY MARKET AND DELJD and JAMAL MUSLEH, Defendants.

HENRY J. RICARDO, United States Magistrate Judge. On October 9, 2025, this case was referred to the undersigned for general pretrial and to address the motions at ECF Nos. 19 and 20. ECF No. 21. Plaintiffs letter motion at ECF No. 20 is GRANTED. Plaintiffs deadline to effectuate service is extended from September 18, 2025, to December 17, 2025. Plaintiff's letter at ECF No. 19 (“Plaintiffs Letter’) requesting to serve Defendant Jamal Musleh (the “Defendant”) via newspaper publication is DENIED without prejudice. Pursuant to

(5), a party may effectuate service through alternative means if service through traditional means is “impracticable.” Generally, “plaintiff must make some showing that the other prescribed methods of service could not be made.” Sirius XM Radio Inc. v. Aura Multimedia Corp.,

, 593 (S.D.N.Y. 2021) (citation omitted). Plaintiff's Letter describes only two attempts to serve the Defendant, once at Defendant’s home on February 22, 2025, and once at his workplace on September

15, 2025, just before the extended deadline to serve was to expire. See Plaintiffs Letter at 2-3; see also ECF No. 16 (granting extension of time to serve Defendant). Further, Plaintiff's Letter provides no details on what measures have been taken to find the Defendant and no authority to support service by publication under these circumstances. Because Plaintiff has not demonstrated the impracticability of service, Plaintiffs Letter requesting to serve the Defendant via newspaper publication is DENIED without prejudice. SO ORDERED. Dated: October 10, 2025 New York, New York fo He . Ricardo! United States Mapistrate Judge