Rosado v. City of New York

Background

Eduardo Rosado filed the action against the City of New York and Police Officer Husamedin Umer on October 7, 2024. He obtained summonses on October 8, 2024. The court stated that Rosado had not filed an affidavit of service—a sworn document showing that legal papers were served—as to Umer, and had not taken other action to prosecute the case against him.

Rosado’s counsel told the court on November 22, 2024, that he intended to serve the City with a CPL 160.50 Form, as required by Local Civil Rule 83.10, after Rosado returned from Puerto Rico. The court said Rosado had not indicated whether the City had received the 160.50 Form.

Court’s Orders

The court ordered Rosado to submit, no later than January 17, 2025, a letter of no more than three pages, supported by legal authority, showing good cause for why the action against Umer should not be dismissed under Federal Rule of Civil Procedure 4(m). The court explained that good cause generally requires exceptional circumstances beyond the plaintiff’s control and that courts consider the plaintiff’s diligence in attempting service and any prejudice caused by the delay. The court also stated that an attorney’s inadvertence, neglect, mistake, or misplaced reliance does not constitute good cause.

The court separately ordered Rosado to serve the 160.50 Release, and the Medical Release if applicable, on the City by January 17, 2025. Rosado also had to file a letter by that date informing the court that the 160.50 Release had been served.

Disposition and Effect

The order did not dismiss the case. It warned that failure to submit the required letter and demonstrate good cause could result in dismissal as to Umer. It also warned that failure to serve the required release and notify the court could result in dismissal for failure to prosecute, meaning failure to move the case forward. Judge Vernon S. Broderick signed the order on January 7, 2025.