Yan Luis v. Visionworks of America, Inc.
- John Cronan
- 1:22-cv-04651
- U.S. District Court · Southern District of New York
- 1
Yan Luis v. Visionworks, Judge Cronan dismissed the case without prejudice because Yan Luis did not serve Visionworks within 90 days.
The dismissal affected Kevin Yan Luis's case against Visionworks of America, Inc.; the case was closed without prejudice because service was not completed and the required explanation was not filed.
What happened
In Yan Luis v. Visionworks of America, Inc., Kevin Yan Luis filed a complaint on June 3, 2022, but the docket showed that Visionworks was never served.
The court gave Yan Luis until September 27, 2022, to explain why service was not completed within 90 days or the case would be dismissed. Yan Luis did not file the required letter.
Judge Cronan dismissed the case without prejudice under the federal service rule and directed the Clerk of Court to close the case.
The detailed version
- Yan Luis v. Visionworks of America, Inc. · No. 1:22-cv-04651
- John Cronan
- Oct. 12, 2022
Background
Kevin Yan Luis filed the complaint on June 3, 2022. The docket showed that the complaint was never served on Visionworks of America, Inc.
Federal Rule of Civil Procedure 4(m) generally requires service of a defendant within 90 days after a 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.
On September 20, 2022, the court directed Yan Luis to file a letter by September 27 explaining why service had not been completed within 90 days and showing good cause. The court warned that it would dismiss the case if he did not file the letter. He did not file it.
Ruling
The court dismissed the case without prejudice under Rule 4(m). “Without prejudice” means the dismissal did not bar refiling. The Clerk of Court was directed to close the case. Judge John P. Cronan issued the order.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.