Lanau Aguilar v. Carben Construction Inc.
- Katherine Failla
- 1:22-cv-09685
- U.S. District Court · Southern District of New York
- 2
In Lanau Aguilar v. Carben Construction, Judge Failla granted more time to serve Ronald Browning, setting April 20, 2023, as the deadline.
The ruling affected Francisco Lanau Aguilar, who received additional time to serve Ronald Browning. It also concerned Ronald Browning, who was the defendant to be served.
What happened
In Lanau Aguilar v. Carben Construction Inc., Francisco Lanau Aguilar asked for more time to serve defendant Ronald Browning. The filing said Carben Construction Inc. had been served on or around November 28, 2022, and Anthony Loguidice had been served on or around February 20, 2023.
The plaintiff said more time was needed to verify Browning’s address and complete service. The plaintiff also stated that the case would proceed after the defendants appeared, or that a request for a judgment based on non-appearance might be filed if they continued not to appear.
Judge Katherine Polk Failla granted the application and directed the plaintiff to serve Browning by April 20, 2023. The court also directed the Clerk of Court to terminate the pending motion at docket entry 12.
The detailed version
- Lanau Aguilar v. Carben Construction Inc. · No. 1:22-cv-09685
- Katherine Failla
- Mar. 21, 2023
Background
Francisco Lanau Aguilar, through counsel, asked the court to extend the deadline for serving defendant Ronald Browning under Federal Rule of Civil Procedure 4(m). The request sought an extension through April 20, 2023.
The filing stated that process servers had served corporate defendant Carben Construction Inc. on or around November 28, 2022, and individual defendant Anthony Loguidice on or around February 20, 2023. It said additional time was needed to verify Browning’s address or addresses and complete service. The plaintiff also stated an intention to continue the case after each defendant appeared or, if defendants continued not to appear, file a request for a judgment based on their non-appearance.
Court’s ruling
Judge Katherine Polk Failla granted the application. The court directed the plaintiff to serve Browning by April 20, 2023. It also directed the Clerk of Court to terminate the pending motion at docket entry 12.
This order addressed the timing and completion of service; it did not decide the underlying claims described in the action.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.