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Civil Rights: Other | New York Eastern
Order Dismissing Case
TEXT ORDER DISMISSING CASE: On 10/22/21 the plaintiff filed a third amended complaint but never filed amended summons as to defendant Steven Saphirstein. Pursuant to F.R.C.P. 4(m), a plaintiff is required to serve the summons and complaint on a defendant within 90 days from the filing of the complaint. To date, Plaintiff has not filed amended summons as to defendant Steven Saphirstein. On 10/1/25 Magistrate Judge Kuo issued an order to show cause directing the plaintiff to show cause why this case should not be dismissed as to defendant Steven Saphirstein for his failure to comply with F.R.C.P. 4(m). Plaintiff was notified that failure not to respond to the order to show cause may result in this case being dismissed for failure to prosecute. As of today, plaintiff's counsel has failed to respond to the Court's order to show cause. Accordingly, it is hereby ordered that this action is dismissed as to defendant Steven Saphirstein, without prejudice, for failure to prosecute pursuant to Rule 41(a)(2)(b) of the F.R.C.P. Upon a showing of cause as to why this case should not be dismissed the Court may reconsider this order. Ordered by Judge Frederic Block on 1/27/2026. (MI)
Notice(Other)
NOTICE OF REINSTATEMENT: Judge Frederic Block reinstated on the docket as presider. (TLH)
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