Wells v. Republic of the Seychelle Government et al
| Lawrence Wells |
| Fiona Denis, Grisel Camille, Republic of the Seychelle Government, Denis Verkhorubou, Beauvallon Property LTD, Boris A. Kalinichenko, Vadim V. Zaslonov, Antoine Khanny, Siva Sivakimaran and James Michael |
| 1:2011cv01907 |
| March 10, 2011 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Queens |
| Leonard B. Sand |
| Other Civil Rights |
| 28 U.S.C. ยง 1332 |
| Plaintiff |
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Filing
46
ORDER: On April 28, 2011, we directed pro se Plaintiff Lawrence Wells to serve a Summons and Complaints on Defendants. At that time we noted that "If service has not been made within the 120 days, and Plaintiff has not requested an extension of time to serve within that 120 days, the Complaint may be dismissed for failure to prosecute, pursuant to Rules 4 and 41 of the Federal Rules of Civil Procedure." While there is a 120-day time limit to serve defendants in most actions under Rule 4(m) of the Federal Rules of Civil Procedure, that time limit "does not apply to service in a foreign country under Rule 4(f) or 4(j)(l)." Fed. R. Civ. P. 4(m). However, "[t]his exclusion 'does not mean that the plaintiff enjoys a n unlimited amount of time to effectuate service;' [instead], a plaintiff is entitled to a 'reasonable time' to exercise due diligence to serve the foreign defendant. More than two years into the litigation, Wells has not served the De fendants and has not shown that his attempts at service comply with the relevant rules despite our request for Wells to show he was complying with those rules. Therefore, Wells' Motion for default judgment is DENIED and the case is DISMISSED. The Clerk of Court is ordered to mail a copy of this Order to Plaintiff. (Signed by Judge Leonard B. Sand on 5/6/2013) The Clerks Office Has Mailed Copies. (ja)
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