Monegro v. Preferred Popcorn, L.L.C.
- Ronnie Abrams
- 1:20-cv-10985
- U.S. District Court · Southern District of New York
- 1
In Monegro v. Preferred Popcorn, Judge Abrams dismissed the action without prejudice because Monegro did not serve the complaint or request more time.
Frankie Monegro’s action against Preferred Popcorn, LLC was dismissed without prejudice because proof of service was not filed and no extension was requested.
What happened
Frankie Monegro brought this action against Preferred Popcorn, LLC, on behalf of himself and others similarly situated. The court noted that more than 90 days had passed since the case was filed and that the complaint and summons apparently had not been served.
The court ordered Monegro to complete service and file proof by April 16, 2021. It warned that failing to do so would result in dismissal, but Monegro did not file proof of service or request more time.
On April 19, 2021, Judge Ronnie Abrams dismissed the action without prejudice and directed the Clerk of Court to close the case.
The detailed version
- Monegro v. Preferred Popcorn, L.L.C. · No. 1:20-cv-10985
- Ronnie Abrams
- Apr. 19, 2021
Background
Frankie Monegro filed this action against Preferred Popcorn, LLC, on behalf of himself and all others similarly situated. The court previously noted that the case had been filed more than 90 days earlier and that the complaint and summons had apparently not been served.
Service Requirement
Under Federal Rule of Civil Procedure 4(m), a defendant generally must be served within 90 days after the complaint is filed. If service is not completed, the court must dismiss the action without prejudice or order service within a specified time, after giving the plaintiff notice. The court directed Monegro to complete service and submit proof by April 16, 2021, and warned that failure to do so would result in dismissal.
Ruling
Monegro neither filed proof of service nor requested an extension of time. Judge Ronnie Abrams therefore dismissed the action without prejudice and directed the Clerk of Court to close the case.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.