Opinion
2014-3567 (JBW) (MDG)
12-02-2014
SHEET METAL, AIR, RAIL, AND TRANSPORTATION WORKERS LOCAL UNION NO. 137 AND BOARD OF TRUSTEES OF THE INTERNATIONAL ASSOCIATION OF SHEET METAL, AIR, RAIL, AND TRANSPORTATION WORKERS LOCAL UNION NO. 137 INSURANCE PLAN, ET AL., Plaintiffs, v. SIGNAL SIGN COMPANY, LLC, Defendant.
REPORT AND RECOMMENDATION
:
This action has been referred to me for pretrial supervision. Plaintiffs commenced this action on June 6, 2014. Because the defendant had not appeared and no appropriate return of service had been filed, by order dated September 8, 2014, I directed plaintiffs to complete service and file returns by October 4, 2014. Although plaintiff failed to file a return of service by this date, by electronic order dated October 29, 2014, I extended plaintiffs' time to serve the defendant to November 12, 2014, and warned plaintiffs that if service was not completed by that date, I would recommend dismissal pursuant to Rule 4(m) of the Federal Rules of Civil Procedure. Plaintiffs failed to do so and did not submit an application for leave to extend the time for service.
I therefore respectfully recommend that this Court, sua sponte, dismiss this action without prejudice for failure to effectuate timely service within the 120 day period specified in Rule 4(m) of the Federal Rules of Civil Procedure.
Any objections to this Report and Recommendation must be filed with the Clerk of the Court, with a copy to the undersigned and the Honorable Jack B. Weinstein, by December 23, 2014. Failure to file objections within the specified time waives the right to appeal. See 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 72(b).
SO ORDERED. Dated: Brooklyn, New York
December 2, 2014
/s/_________
MARILYN D. GO
UNITED STATES MAGISTRATE JUDGE