Khen v. US Coachways, Inc.
- Rochon
- 1:23-cv-10762
- U.S. District Court · Southern District of New York
- 2
In Khen v. US Coachways, Judge Rochon ordered plaintiffs to identify and serve unnamed defendants by March 26, 2025, or face dismissal.
The plaintiffs and the unnamed John Doe and ABC Corporation defendants are affected. The plaintiffs received a March 26, 2025 deadline to identify and serve the unnamed defendants; existing case-management deadlines and conferences were postponed.
What happened
Khen v. US Coachways, Inc. involves claims by Elie Khen and the other listed plaintiffs against unnamed John Doe and ABC Corporation defendants. The amended complaint was filed on April 25, 2024.
The court said the plaintiffs had not identified or served those defendants within the required 90-day period and had not sought an extension or otherwise taken steps to serve them. It directed the plaintiffs to identify and serve the defendants by March 26, 2025, to avoid dismissal of the claims.
Judge Jennifer L. Rochon also postponed the existing deadlines and conferences. The court will schedule an initial pretrial conference after the defendants are served and will require a second revised case-management plan.
The detailed version
- Khen v. US Coachways, Inc. · No. 1:23-cv-10762
- Rochon
- Feb. 24, 2025
Background
The plaintiffs listed in the caption are Elie Khen, Doron Orbach, Ben’s International Luxury Transportation, LLC, Hagar Fine, Dana Hollar Schwartz, Gal Halevi, and William Organek. The defendants named in this order are John Does Nos. 1-99 and ABC Corporations Nos. 1-99.
The plaintiffs filed an amended complaint on April 25, 2024. Federal Rule of Civil Procedure 4(m) generally requires plaintiffs to serve defendants within 90 days after filing the complaint. The court stated that the plaintiffs had not identified or served the John Doe and ABC Corporation defendants within that period. It also stated that the plaintiffs had not moved to extend the service deadline or otherwise taken steps to identify and serve those defendants.
Order
The court directed the plaintiffs to identify and serve the John Doe and ABC Corporation defendants by March 26, 2025, to avoid dismissal of the claims against them. The order did not dismiss those claims at that time.
The court also adjourned the deadlines and conferences in the revised case-management plan. It will schedule an initial pretrial conference when the defendants are served and will direct the parties to submit a second revised case-management plan then.
Nature of the ruling
This was a procedural order concerning service of process, meaning the formal delivery of the lawsuit and related papers to defendants. Judge Jennifer L. Rochon did not decide the underlying legal claims.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.