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Nisbett v. Nomadik Co.

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK
Mar 8, 2021
20-CV-10091 (VSB) (S.D.N.Y. Mar. 8, 2021)

Opinion

20-CV-10091 (VSB)

03-08-2021

KAREEM NISBETT, Plaintiff, v. THE NOMADIK COMPANY, Defendant.


ORDER :

On December 2, 2020, Plaintiff filed this action against Defendant The Nomadik Company. (Doc. 1.) Plaintiff obtained a summons on December 3, 2020. (Doc. 4.) To date, Plaintiff has not filed an affidavit of service or taken any other action to prosecute this case. Accordingly, it is hereby:

ORDERED that, no later than March 15, 20201, Plaintiff shall submit a letter of no more than three (3) pages, supported by legal authority, demonstrating good cause as to why this case should not be dismissed pursuant to Federal Rule of Civil Procedure 4(m). "Good cause is generally found only in exceptional circumstances where the plaintiff's failure to serve process in a timely manner was the result of circumstances beyond its control." E. Refractories Co. v. Forty Eight Insulations, Inc., 187 F.R.D. 503, 505 (S.D.N.Y. 1999) (internal quotation marks omitted). "District courts consider the diligence of plaintiff's efforts to effect proper service and any prejudice suffered by the defendant as a consequence of the delay." Id. (internal quotation marks omitted). "An attorney's inadvertence, neglect, mistake or misplaced reliance does not constitute good cause." Howard v. Klynveld Peat Marwick Goerdeler, 977 F.Supp. 654, 658 (S.D.N.Y.1997) (citing McGregor v. United States, 933 F.2d 156, 160 (2d Cir.1991), aff'd, 173 F.3d 844 (2d Cir.1999)). Plaintiff is warned that failure to submit a letter and to demonstrate good cause for failure to serve Defendant within ninety days after the complaint was filed will result in dismissal of this action. SO ORDERED. Dated: March 8, 2021

New York, New York

/s/_________

VERNON S. BRODERICK

United States District Judge


Summaries of

Nisbett v. Nomadik Co.

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK
Mar 8, 2021
20-CV-10091 (VSB) (S.D.N.Y. Mar. 8, 2021)
Case details for

Nisbett v. Nomadik Co.

Case Details

Full title:KAREEM NISBETT, Plaintiff, v. THE NOMADIK COMPANY, Defendant.

Court:UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK

Date published: Mar 8, 2021

Citations

20-CV-10091 (VSB) (S.D.N.Y. Mar. 8, 2021)