Cruz v. West 4th Marketplace, Inc.
- Vernon Broderick
- 1:24-cv-07532
- U.S. District Court · Southern District of New York
- 2
In Cruz v. West 4th Marketplace, Judge Broderick ordered Cruz to show good cause for not serving defendants or face dismissal.
Yliana Cruz and the defendants in the action, including West 4th Marketplace, Inc.; the case could be dismissed if Cruz does not comply with the order.
What happened
In Cruz v. West 4th Marketplace, Inc., Yliana Cruz sued West 4th Marketplace, Inc., and other defendants. She obtained a summons, but had not filed proof of service or otherwise pursued the case.
Judge Broderick ordered Cruz to submit, by January 20, 2025, a letter of no more than three pages explaining why there was a good reason for the lack of timely service. The letter must include legal support.
Judge Broderick warned that failing to submit the letter and show good cause for not serving the defendants within 90 days after filing the complaint would result in dismissal. The order did not decide the underlying claims.
The detailed version
- Cruz v. West 4th Marketplace, Inc. · No. 1:24-cv-07532
- Vernon Broderick
- Jan. 8, 2025
Background
Yliana Cruz filed this action against West 4th Marketplace, Inc., and other defendants on October 4, 2024. She obtained a summons on October 7, 2024. The order states that Cruz had not filed an affidavit of service or taken any other action to prosecute the case.
Order
The court ordered Cruz to submit a letter no longer than three pages by January 20, 2025. The letter must be supported by legal authority and demonstrate good cause—that is, a legally sufficient reason—for failing to serve the defendants within the time required by Federal Rule of Civil Procedure 4(m). The court explained that good cause generally exists only in exceptional circumstances beyond a plaintiff’s control and that courts consider the plaintiff’s diligence and any prejudice to the defendant from the delay.
Effect of the Order
The court warned that Cruz’s failure to submit the letter and demonstrate good cause for failing to serve the defendants within 90 days after filing the complaint would result in dismissal of the action. The court did not dismiss the case in this order and did not decide the merits of Cruz’s claims.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.