Opinion
10 CV 3641 (CBA) (LB).
December 17, 2010
ORDER
Plaintiffs inform the Court that they have served all defendants except for two and request an extension of time to serve defendants Abderrahman and Walentin. (Docket Entry 6.) The day before plaintiffs filed the instant request, the Court recommended that plaintiffs' amended complaint should be dismissed without prejudice under Rule 4(m) of the Federal Rules of Civil Procedure for plaintiffs' failure to file proof that defendants were served with process by December 7, 2010 or show good cause why service had not been made on defendants. (Docket Entry 5.) In an abundance of caution, the Report and Recommendation is withdrawn.
Although plaintiffs state that they have served all defendants except for Abderrahman and Walentin, plaintiffs have not filed proof of such service as required by Rule 4(1) of the Federal Rules of Civil Procedure. The Court hereby grants plaintiffs' request for an extension of time to serve defendants. Plaintiffs shall serve defendants with the summons and amended complaint by January 31, 2011, and shall file proof with the Court that defendants have been served. If plaintiffs fail to serve defendants by January 31, 2011 or fail to show good cause why defendants have not been served, I will recommend that the Court should dismiss this action without prejudice.
SO ORDERED.
Dated: December 17, 2010 Brooklyn, New York