Zelvin v. CollectibleXchange, LLC

Background

Lynn Zelvin filed this putative class action against CollectibleXchange, LLC on October 5, 2023. The opinion states that Zelvin did not file proof of service, and that CollectibleXchange did not appear or answer.

Report and Recommendation

The case had been referred to Magistrate Judge Cave for general pretrial purposes. Judge Cave recommended dismissal without prejudice under Federal Rule of Civil Procedure 4(m), which concerns the required service of the complaint within the applicable period. Judge Cave also ordered Zelvin to show cause why the case should not be dismissed under Rule 4(m) and/or Rule 41(b) for failure to prosecute. Zelvin did not submit an affidavit, declaration, or other filing in response.

The Report and Recommendation gave the parties fourteen days to object and warned that failing to object would waive the right to object. No objections or extension request was filed. The district court therefore found that Zelvin had waived the right to object or obtain appellate review. Even so, the court independently reviewed the petition and the Report and Recommendation and found them well reasoned and supported by the facts and law.

Ruling

Judge Jesse M. Furman adopted the Report and Recommendation in its entirety. The court dismissed the case without prejudice under Rule 4(m) and directed the clerk to close the case. The opinion does not state whether any new action was filed or whether further proceedings occurred.