Herrera v. Avi Athletics LLC

• Court: District Court, S.D. New York
• Decided: June 17, 2024
• Docket: 1:24-cv-01814
• Status: Unknown

Opinion

SOUTHERN DISTRICT OF NEW YORK -----------------------------------------------------------X- : EDERY HERRERA, On Behalf Of Himself : And All Other Persons Similarly Situated, : : Plaintiff, : 24-CV-1814 (VSB) : -against- : ORDER : AVI ATHLETICS LLC, : : Defendant. : : --------------------------------------------------------- X

VERNON S. BRODERICK, United States District Judge: On March 8, 2024, Plaintiff filed this action against Defendant. (Doc. 1.) Plaintiff obtained a summons on March 11, 2024. (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 June 24, 2024, 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 result in dismissal of this action. SO ORDERED. Dated: June 16, 2024 New York, New York ________________________________ VERNON S. BRODERICK United States District Judge