Opinion
21 CV 6452 (VB)
05-19-2022
GLADSTONE TAYLOR, individually and on behalf of all others similarly situated, Plaintiff, v. MICROGENICS CORPORATION, THERMO FISHER SCIENTIFIC, CORRECTION OFFICER BRANDON, CORRECTION OFFICER PAMELA BERRY, CORRECTION OFFICER FRANCIS SIOCO, DAMON GLOVER, CORRECTION OFFICER AARON HERNANDEZ, CORRECTON OFFICER NICOLE HILTON, ANNA ICARRI, EDUCATION SUPERVISOR RENEE MULLIGAN, ANA RUBIO, CORRECTION OFFICER YUAN WU, CORRECTION OFFICERS DOE 1-10, Defendants.
ORDER OF DISMISSAL
Vincent L. Briccetti, United States District Judge.
Plaintiff commenced this action on July 29, 2021, by filing a complaint against defendant Correction Officer Brandon (“Officer Brandon”), among other defendants (Doc. #1). On August 10, 2021, the Clerk issued an electronic summons as to Officer Brandon. (Doc. #7).
On December 22, 2021, the Court issued an Order extending plaintiffs time to serve Officer Brandon with the summons and complaint to December 29, 2021. (Doc. #29).
On January 3, 2022, upon plaintiffs request, the Court further extended plaintiffs time to serve Officer Brandon until February 28, 2022. (Doc. #32).
On February 28, 2022, plaintiff filed an amended complaint. (Doc. #39). The amended complaint named Officer Brandon as a defendant.
On March 17, 2022, the Clerk issued an electronic amended summons as to Officer Brandon. (Doc. #47).
On March 28, 2022, the Court issued an Order directing plaintiff to serve Officer Brandon with the amended summons and complaint no later than April 18, 2022. (Doc. #51).
On April 18, 2022, plaintiff filed a letter seeking an extension to serve the remaining unserved defendants, including Officer Brandon. (Doc. #63). The Court granted plaintiff s request and extended plaintiffs time to serve Officer Brandon to April 25, 2022. (Doc. #64).
On April 25, 2022, plaintiff sought another extension to serve the remaining unserved defendants (Doc. #67), which the Court granted, extending plaintiffs time to serve Officer Brandon to May 9, 2022 (Doc. #68).
To date, plaintiff has not filed proof of service of the amended summons and complaint on Officer Brandon and plaintiff has not sought another extension of time to do so.
Accordingly, pursuant to Fed.R.Civ.P. 4(m), plaintiffs claims against Officer Brandon are DISMISSED WITHOUT PREJUDICE.
The Clerk is instructed to terminate Correction Officer Brandon as a defendant in this action.
SO ORDERED: