Assure Global, LLC v. Frey
- Vyskocil
- 1:21-cv-05301
- U.S. District Court · Southern District of New York
- 2
In Assure Global v. Frey, Judge Vyskocil extended the service deadline and denied Frey’s dismissal motion without prejudice as moot.
Assure Global, LLC received more time to serve Isaiah D. Frey; Frey’s motion to dismiss was denied without prejudice as moot, with leave to refile if service was not completed on time. Med King Supply is also named as a defendant, but the order focuses on service on Frey.
What happened
Assure Global, LLC sued Isaiah D. Frey and Med King Supply. Frey moved to dismiss, arguing that Assure Global had not properly served him with the lawsuit.
Assure Global asked for more time to complete service. It said a professional process server had tried at least six times to serve Frey personally before attempting service by mail, and that it did not learn until Frey filed his motion that the mailed envelope lacked language required by New York law.
Judge Mary Kay Vyskocil extended the deadline for proper service to September 30, 2022. She denied Frey’s motion to dismiss without prejudice as moot, allowing him to refile if Assure Global did not serve him on time.
The detailed version
- Assure Global, LLC v. Frey · No. 1:21-cv-05301
- Vyskocil
- Aug. 24, 2022
Background
Assure Global, LLC sued Isaiah D. Frey and Med King Supply. On July 21, 2022, Frey filed a cross-motion to dismiss under Federal Rule of Civil Procedure 12(b)(5), which permits dismissal for insufficient service of process.
Assure Global requested an extension to properly serve Frey. It explained that it had hired a professional process server, who made at least six attempts to personally serve Frey at his residence before attempting service by mail. Assure Global also stated that it did not learn until Frey filed the motion that the envelope used for service lacked language required for proper service under New York law.
Court’s Analysis
The Court exercised its discretion to extend the deadline for proper service to September 30, 2022. The opinion cited a prior Southern District of New York decision stating that a court may extend a service deadline even without a showing of good cause.
Ruling
Judge Mary Kay Vyskocil denied Frey’s cross-motion to dismiss without prejudice as moot, with leave to refile if Assure Global failed to serve him by the extended deadline. The order did not decide the merits of Assure Global’s underlying claims.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.