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S.D.N.Y.Procedural orderFiled Jan. 5, 2024

Esposito v. TipRanks LTD

Judge
Lewis Liman
Docket
1:22-cv-07937
Court
U.S. District Court · Southern District of New York
Pages
1
Civil ProcedureMotion to Dismiss
In one sentence

In Esposito v. TipRanks, Judge Liman granted TipRanks’s service-of-process dismissal motion and dismissed the complaint without prejudice.

Who this affects

Joseph Esposito and the people he sought to represent had their complaint dismissed without prejudice because the court found service of process insufficient. TipRanks, LTD obtained dismissal of the complaint, subject to the possibility of refiling and proper service.

What happened

Esposito v. TipRanks LTD involved Joseph Esposito’s complaint against TipRanks, LTD, brought individually and on behalf of other similarly situated people.

TipRanks asked the court to dismiss the complaint because Esposito had not properly served the defendant with the lawsuit. The judgment does not provide further details about the service attempt or the claims.

Judge Liman granted the motion under Federal Rule of Civil Procedure 12(b)(5) and dismissed the complaint without prejudice. The judgment states that Esposito may refile and properly serve TipRanks.

The detailed version

For law students, journalists, and other readers who want the full reasoning

Case
Esposito v. TipRanks LTD · No. 1:22-cv-07937
Judge
Lewis Liman
Date
Jan. 5, 2024

Background

Joseph Esposito sued TipRanks, LTD, individually and on behalf of all others similarly situated. The judgment states that TipRanks moved to dismiss under Federal Rule of Civil Procedure 12(b)(5), which concerns insufficient service of process—the required delivery of the lawsuit to the defendant.

Ruling

The court granted TipRanks’s motion. The complaint was dismissed “without prejudice to refiling” and properly serving TipRanks. The judgment states that the reasons for the ruling appear in a Memorandum and Order dated January 4, 2024, but that document is not included in the supplied opinion text.

Effect

The judgment ended the complaint in this case, but the dismissal was without prejudice. The judgment therefore did not bar refiling after proper service.

The authoritative version

Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

Open opinion PDF →
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