Reid v. Buscemi, LLC
- Alison Nathan
- 1:19-cv-06541
- U.S. District Court · Southern District of New York
- 2
In Reid v. Buscemi, LLC, Judge Nathan ordered proof of service by December 16 or dismissal for failure to prosecute.
Valentin Reid was required to file proof of service or explain the delay; Buscemi, LLC was the defendant to be served.
What happened
In Valentin Reid v. Buscemi, LLC, the court said Reid had not filed proof that he served the complaint or the court’s November 19 order on Buscemi, LLC. He also had not asked for more time.
The court ordered Reid to file proof of service by December 16, 2019, or submit a letter giving a good reason for the delay. The court warned that failing to do so would result in dismissal for failure to prosecute.
Judge Alison J. Nathan issued the order under Federal Rule of Civil Procedure 41(b). The order did not itself dismiss the action.
The detailed version
- Reid v. Buscemi, LLC · No. 1:19-cv-06541
- Alison Nathan
- Dec. 5, 2019
Background
On November 19, 2019, the Court ordered Plaintiff Valentin Reid to file proof that he had served Defendant Buscemi, LLC by November 26, 2019. The Court also ordered Reid to serve the November 19 order on Buscemi, LLC and file proof of that service on the public docket within five days. The Court warned that failing to comply could lead to dismissal for failure to prosecute, meaning failure to move the case forward.
As of the date of this order, Reid had not filed either proof of service and had not requested an extension of time.
Order
The Court ordered Reid to file proof of service of the complaint on Buscemi, LLC by December 16, 2019. Alternatively, he could file a letter explaining a good reason for the delay. The Court stated that failure to do either would result in dismissal of the action for failure to prosecute. The Court cited Federal Rule of Civil Procedure 41(b) and a Second Circuit decision concerning dismissal after a plaintiff failed to respond to a warning that the case could be dismissed.
Disposition
The Court issued an additional deadline and warning; it did not dismiss the action in this order. Judge Alison J. Nathan signed the order as a United States District Judge.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.