Building Service 32BJ Health Fund v. Emerald Green Building Services, LLC
- John Cronan
- 1:24-cv-07858
- U.S. District Court · Southern District of New York
- 2
Building Service 32BJ Health Fund v. Emerald Green Building Services, LLC: Judge Cronan ordered plaintiffs to report service status and any good-cause explanation by February 10, 2025.
The plaintiffs, Building Service 32BJ Health Fund and the other plaintiffs identified in the complaint, must report on service and file proof of service if applicable. The order also concerns Emerald Green Building Services, LLC, which had not appeared.
What happened
In Building Service 32BJ Health Fund v. Emerald Green Building Services, LLC, the complaint was filed on October 16, 2024, but the defendant had not appeared and the docket did not show whether it had been served.
The court ordered the plaintiffs to file a letter by February 10, 2025, stating whether they served the defendant and, if not, why there was a legally sufficient reason for missing the 90-day service deadline. The plaintiffs must file the letter even if service occurred, and must also file proof of service if applicable.
Judge John P. Cronan warned that the court may dismiss the case for failure to prosecute if the plaintiffs do not file the required letter. The order did not decide the underlying dispute.
The detailed version
- Building Service 32BJ Health Fund v. Emerald Green Building Services, LLC · No. 1:24-cv-07858
- John Cronan
- Jan. 27, 2025
Background
The plaintiffs filed the complaint on October 16, 2024. The defendant had not appeared, and the docket did not indicate whether the defendant had been served with the summons and complaint. The opinion also states that the plaintiffs had not requested more time to complete service.
Service requirement
Federal Rule of Civil Procedure 4(m) generally requires service within 90 days after a complaint is filed. If service is not completed on time, the court must dismiss the action without prejudice or order service within a specified time. If the plaintiff shows good cause—a legally sufficient reason—for failing to serve the defendant, the court must extend the service period for an appropriate time.
Order
The court ordered the plaintiffs to file a status letter by February 10, 2025. The letter must state whether the summons and complaint were served. If they were not served, the plaintiffs must explain why good cause exists to excuse the missed 90-day deadline. The court required the letter even if service had already occurred. If service had occurred, the plaintiffs also had to file proof of service by February 10, 2025.
The court warned that it may dismiss the case for failure to prosecute if the required letter is not filed. The order did not resolve the underlying claims or enter a judgment for either side.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.