Brown v. Skybound, LLC
- John Cronan
- 1:22-cv-08995
- U.S. District Court · Southern District of New York
- 2
In Brown v. Skybound, Judge Cronan ordered Brown to report on service and warned the case may be dismissed if he does not.
Lamar Brown was required to report on service of the summons and complaint and file proof of service if applicable. Skybound, LLC was affected because the case could proceed only after proper service, and the court warned that the case may be dismissed if Brown did not file the required letter.
What happened
In Brown v. Skybound, LLC, Lamar Brown sued Skybound, LLC, but the defendant had not appeared. The court could not tell from the docket whether Skybound had been served with the summons and complaint.
The court ordered Brown to file a letter by January 20, 2023, stating whether service had occurred and, if not, why there was a good reason to extend the 90-day service deadline. Brown had to file the letter even if service had already occurred and had to file proof of service if applicable.
Judge John P. Cronan did not dismiss the case in this order. He warned that the court may dismiss it for failure to prosecute if Brown did not file the required letter.
The detailed version
- Brown v. Skybound, LLC · No. 1:22-cv-08995
- John Cronan
- Jan. 19, 2023
Background
Lamar Brown filed the complaint on October 21, 2022. Skybound, LLC had not appeared, and the docket did not show whether Skybound had been served. Brown had not requested more time to serve the defendant.
Court’s Analysis
Federal Rule of Civil Procedure 4(m) generally requires service within 90 days after the complaint is filed. If service is not completed within that period, the court must either dismiss the action without prejudice against the unserved defendant or order service within a specified time. If the plaintiff shows good cause, the court must extend the service deadline for an appropriate period. The court described good cause as requiring diligent attempts and exceptional circumstances beyond the plaintiff’s control.
Order
Judge John P. Cronan ordered Brown to file a status letter by January 20, 2023, at 8:00 p.m. The letter had to state whether Brown had served Skybound and, if not, why good cause existed to excuse the failure to serve within the 90-day deadline. Brown had to file the letter even if service had already occurred. If Skybound had been served, Brown also had to file proof of service on the docket by the same deadline. The court warned that it may dismiss the case for failure to prosecute if Brown did not file the letter. This order did not itself dismiss the case.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.