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S.D.N.Y.Procedural orderFiled Feb. 17, 2021

Iacob v. Bantam Realty Services, LLC

Judge
Vyskocil
Docket
1:20-cv-04615
Court
U.S. District Court · Southern District of New York
Pages
2
Civil Procedure
In one sentence

Iacob v. Bantam Realty Services, LLC: Judge Vyskocil dismissed the action against two defendants without prejudice for lack of service and scheduled a conference with the remaining parties.

Who this affects

The dismissal affected Defendants LG Estates, Inc. and Deep Drive Media LLC. The action continued against Plaintiff Madalina Ramona Iacob and the remaining Defendants QRealty and Scallywaganvagabond.com.

What happened

In Iacob v. Bantam Realty Services, LLC, Madalina Ramona Iacob sued several defendants and later filed an amended complaint.

The court had ordered Iacob to serve LG Estates, Inc. and Deep Drive Media LLC by February 12, 2021, and to explain the failure if service was not completed. She did neither.

Judge Mary Kay Vyskocil dismissed the action against LG Estates and Deep Drive Media without prejudice. The court also scheduled a telephone conference for Iacob and the remaining defendants, QRealty and Scallywaganvagabond.com.

The detailed version

For law students, journalists, and other readers who want the full reasoning

Case
Iacob v. Bantam Realty Services, LLC · No. 1:20-cv-04615
Judge
Vyskocil
Date
Feb. 17, 2021

Background

Madalina Ramona Iacob filed the action on June 16, 2020, and filed an amended complaint on September 28, 2020. On January 13, 2021, the court ordered her to serve the summons and amended complaint on LG Estates, Inc. and Deep Drive Media LLC by February 12, 2021. The court warned that the action could be dismissed against those defendants if she did not complete service or explain why service had not been made.

Ruling

The deadline passed, and Iacob neither served LG Estates and Deep Drive nor showed cause for the failure. Citing Federal Rule of Civil Procedure 4(m), which addresses the time for serving defendants, the court dismissed the action against LG Estates, Inc. and Deep Drive Media LLC without prejudice. The opinion does not state that the court ruled on the underlying claims.

Remaining Case

The court further ordered Iacob and the remaining defendants—QRealty and Scallywaganvagabond.com—to appear at a telephone conference on March 16, 2021, at 2:00 p.m. The order provides a telephone number and access code for the conference.

The authoritative version

Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

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