DeMott et al v. Bacilious et al
| Teresa DeMott and Robbie Pace |
| George K. Bacilious, Antoine Mompremter, Noelia C. Moreno, Elrac, Inc. and Enterprise Rent-A-Car Corporation |
| Elrac, Inc., Enterprise Rent-A-Car Corporation and Noelia C. Moreno |
| George K. Bacilious and Antoine Mompremter |
| 1:2011cv06966 |
| October 5, 2011 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| XX Out of State |
| Paul A. Engelmayer |
| Motor Vehicle |
| 28 U.S.C. ยง 1332 |
| None |
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Filing
15
OPINION AND ORDER re: 6 MOTION to Dismiss for Lack of Jurisdiction filed by Elrac, Inc., Enterprise Rent-A-Car Corporation, Noelia C. Moreno. For the foregoing reasons, the Court finds that: 1. Plaintiffs have not effected proper service on defen dants Noelia C. Moreno and Elrac, Inc. However, the Court exercises its discretion to extend plaintiffs time to effect service. Plaintiffs have 30 days from the date of this Order to properly serve these defendants. If proper service is not made on t hese defendants within 30 days of this Order, the Court will dismiss the complaint against these defendants. Plaintiffs are directed to file docket entries on ECF reflecting service on these defendants immediately upon completion. If such service is made, these defendants will have 20 days following the date of service to answer or move against the Complaint. 2. The Complaint against defendant Enterprise Rent-A-Car Corporation is dismissed without prejudice. In addition, as to George C. Baciliou s and Antoine Mompremter, the non-moving defendants, the Court directs the following: 1. Plaintiffs are directed, within seven (7) days of the filing of this Order, to submit to the Court a sworn affidavit attesting to whether service has been made o n the non-moving defendants and, if so, setting forth the circumstances of that service. 2. Plaintiffs are also directed, within seven (7) days of the filing of this Order, to serve the non-moving defendants with every document that has been filed to date in this litigation. Such service should be by means consistent with Fed. R. Civ. P. 4. These documents should include, but are not meant to be limited to, (1) the Complaint, (2) the moving defendants Answer, (3) all submissions to the Court, wh ether by plaintiffs or the moving defendants, on the instant motion to dismiss, and (4) this Opinion and Order. Upon effecting such service, Plaintiffs are directed to file docket entries on ECF reflecting service on these defendants immediately upon completion. Upon service of these materials, the non-moving defendants will have 20 days to answer or move against the Complaint. (Signed by Judge Paul A. Engelmayer on 2/23/2012) (lmb)
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