Girotto v. ST Tropez Wine Bar, LLC ( 2020 )

USDC SDNY UNITED STATES DISTRICT COURT DOCUMENT SOUTHERN DISTRICT OF NEW YORK ELECTRONICALLY FILED . DOC #:. = sents _ □ : 7 EY 6/15/2020 LUIGI GIROTTO, : ee Plaintiff, : : 20-CV-2165 (VSB) -against- : : ORDER ST TROPEZ WINE BAR, LLC, et al., : Defendants. : wane eee KX VERNON S. BRODERICK, United States District Judge: On March 10, 2020, Plaintiff filed this action against Defendants. (Doc. 1.) Plaintiff obtained summonses on March 11, 2020. (Docs. 5, 6.) To date, Plaintiffs 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 22, 2020, 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.” /d. (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 Defendants within ninety days after the complaint was filed will result in dismissal of this action. SO ORDERED. Dated: June 15, 2020 fo ry New York, New York □□ | | : Vernon S. Broderick United States District Judge