Suliivan v. Bullrun Productions et al
| Sharlene Sullivan |
| Bullrun Productions, Bullrun L.L.C., Andrew Duncan, David Green, Maloof Television, Fox Television, Viacom, MTV, Spike and Speed |
| 1:2013cv01640 |
| March 11, 2013 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| New York |
| Thomas P. Griesa |
| Civil Rights: Other |
| 28 U.S.C. ยง 1332 Diversity-Breach of Contract |
| Plaintiff |
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Filing
60
OPINION AND ORDER re: 52 MOTION to Dismiss First Amended Complaint. filed by Viacom, Spike, MTV. For the foregoing reasons, the Viacom defendants' motion to dismiss is GRANTED. Viacom Media Networks, MTV and Spike are dismiss ed without prejudice. Further, a review of the Court records indicates that there is no proof of service of the summons and complaint on file with respect to the remaining defendants: Andrew Duncan, David Green, Bullrun Productions, Bullrun LLC, Malo of Television, Fox Television, and the Speed Channel. Rule 4(m) of the Federal Rules of Civil Procedure provides: If a defendant is not served within 120 days after the complaint is filed, the court on motion or on its own after notice to the plaint iff must dismiss the action without prejudice against that defendant or order that service be made within a specified time. But if the plaintiff shows good cause for the failure, the court must extend the time for service for an appropriate period. On October 7, 2014, this Court issued an Order directing Sullivan to effect service on all defendants in this action within 120 days of the date the Amended Complaint was filed, September 12, 2014. Over 300 days have passed, yet Sullivan has neither provided the Court with proof of service nor requested an extension of time to serve. This Court has previously provided Sullivan with additional time to serve these defendants, and has warned Sullivan that failure to effect timely service without re questing an extension will result in dismissal for failure to prosecute pursuant to Rules 4 and 41 of the Federal Rules of Civil Procedure. Because Sullivan has failed to timely serve Andrew Duncan, David Green, Bullrun Productions, Bullrun LLC, Malo of Television, Fox Television, and the Speed Channel, they are dismissed with prejudice. Accordingly, this case is DISMISSED as to all defendants. The Clerk of the Court is directed to close this motion [Docket No. 52] and this case. SO ORDERED. (As set forth within this Order.) (Signed by Judge Shira A. Scheindlin on 7/17/2015) (ajs)
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Filing
48
OPINION. The court grants defendants' motion to dismiss for lack of subject matter jurisdiction, pursuant to Rule 12(b)(1). Sullivan has 30 days from the date of this order to amend the complaint. Given that the court has granted numerous extens ions in this case, no further extensions will be granted. This opinion resolves the motion located at Doc. No. 18. re: 18 MOTION to Dismiss Complaint, or in the Alternative, Transfer Venue filed by Viacom, Spike, MTV. (Signed by Judge Thomas P. Griesa on 8/13/2014) (rjm)
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