Rivera-Franz v. 167 Avenue B Associates LLC

Background

Annalisa Rivera-Franz filed the action against 167 Avenue B Associates LLC and Hekate’s Hearth Corp. on March 24, 2023. The opinion states that summonses were obtained on March 27, 2023. As of the order, Rivera-Franz had not filed an affidavit of service or taken any other action to prosecute the case.

Order

The court ordered Rivera-Franz to submit a letter of no more than three pages by July 7, 2023. The letter must be supported by legal authority and explain why the case should not be dismissed under Federal Rule of Civil Procedure 4(m), which concerns timely service of the summons and complaint.

The court explained that “good cause” generally requires exceptional circumstances beyond the plaintiff’s control. It also stated that courts consider a plaintiff’s diligent attempts to serve process and the prejudice to the defendants caused by delay. The opinion states that an attorney’s inadvertence, neglect, mistake, or misplaced reliance does not constitute good cause.

Disposition

Judge Vernon S. Broderick did not dismiss the case in this order. Instead, he gave Rivera-Franz a deadline to show good cause and warned that failure to submit the letter and demonstrate good cause for not serving the defendants within 90 days after filing the complaint would result in dismissal. The order did not address the merits of the claims.