Perez Farias v. Rainbow Cleaning Service, LLC
- Paul Engelmayer
- 1:23-cv-03751
- U.S. District Court · Southern District of New York
- 3
In Perez Farias v. Rainbow Cleaning Service, Judge Moses granted more time to serve two individual defendants and address the company’s response.
Plaintiff Yuri Perez Farias, individual defendants Andrii Gurskyi and Irina Shebshenko, and defendant Rainbow Cleaning Service, LLC.
What happened
In Perez Farias v. Rainbow Cleaning Service, LLC, the plaintiff asked for more time to serve individual defendants Andrii Gurskyi and Irina Shebshenko. The plaintiff said service attempts failed because of an incorrect address in the summons and requested a deadline of October 20, 2023.
The court granted the application. It ordered the plaintiff to serve Gurskyi and Shebshenko and file proof of service by October 20, 2023.
The court, through Judge Barbara Moses, also ordered the plaintiff by that date either to file an agreement giving Rainbow Cleaning Service, LLC more time to respond to the complaint or to seek a certificate of default. The court warned that failing to meet either deadline could result in dismissal against the affected defendant or defendants.
The detailed version
- Perez Farias v. Rainbow Cleaning Service, LLC · No. 1:23-cv-03751
- Paul Engelmayer
- Oct. 2, 2023
Background
Plaintiff Yuri Perez Farias’s attorney requested an extension of the deadline to serve individual defendants Andrii Gurskyi and Irina Shebshenko. The complaint was filed on April 12, 2023, making July 11, 2023 the ordinary 90-day service deadline under Federal Rule of Civil Procedure 4(m). Rainbow Cleaning Service, LLC was served on April 21, 2023.
The plaintiff’s attorney stated that process servers unsuccessfully attempted service on or around April 24, 2023, because they went to 435 West 47th Street while the summons listed 453 West 47th Street. The attorney described this as an administrative oversight and requested a retroactive extension through October 20, 2023.
Court’s ruling
Judge Barbara Moses granted the application. The court ordered the plaintiff to serve Gurskyi and Shebshenko with process and file proof of service no later than October 20, 2023.
The court also ordered the plaintiff, by October 20, 2023, either to file a stipulation giving Rainbow Cleaning Service, LLC additional time to respond to the complaint or to apply for a certificate of default. The court stated that failure to comply with either deadline could result in dismissal of the action against the appropriate defendant or defendants. The opinion does not rule on the underlying claims.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.