450 West 31st Street Owners Corp. v. Chubb and Son, Inc.
- John Koeltl
- 1:25-cv-00705
- U.S. District Court · Southern District of New York
- 2
In 450 West 31st Street Owners Corp. v. Chubb and Son, Judge Koeltl vacated an earlier order and set April 23, 2025, as the service deadline.
The plaintiffs must serve the defendants with a summons and a copy of the complaint by April 23, 2025. If service is timely, the defendants have 21 days to answer or otherwise respond.
What happened
In 450 West 31st Street Owners Corp. v. Chubb and Son, the defendants moved the case from New York State Supreme Court to federal court on January 23, 2025.
The court explained that, after removal, the plaintiffs had to serve the defendants with a summons and a copy of the complaint within 90 days. The deadline was April 23, 2025.
Judge John G. Koeltl vacated the court’s February 25, 2025, order. He also stated that, if the plaintiffs served the documents on time, the defendants would have 21 days to answer or otherwise respond.
The detailed version
- 450 West 31st Street Owners Corp. v. Chubb and Son, Inc. · No. 1:25-cv-00705
- John Koeltl
- Feb. 28, 2025
Background
The defendants removed the case from New York State Supreme Court, New York County, to the U.S. District Court for the Southern District of New York on January 23, 2025. The order does not describe the underlying claims.
Service deadline
The court held that Federal Rule of Civil Procedure 4(m) applies to cases after removal. That rule requires service within 90 days. Under Rule 4(c), the plaintiffs therefore had to serve the defendants with a summons and a copy of the complaint by April 23, 2025.
Ruling
The court vacated its February 25, 2025, order. It stated that if the plaintiffs completed service by April 23, 2025, the defendants would have 21 days to file an answer or otherwise respond to the complaint. The order did not decide the underlying claims.
Disposition
The February 25, 2025, order was vacated, and the service deadline was set at April 23, 2025.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.