Uppal v. NYS Department of Health et al
||NYS Department of Health, Florida Departmentof Health and Florida Board of Medicine
||April 25, 2016
||US District Court for the Southern District of New York
||Foley Square Office
||XX Out of State
||Vernon S. Broderick
|Nature of Suit:
||Constitutionality of State Statutes
|Cause of Action:
|Jury Demanded By:
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|June 16, 2020
ORDER: Accordingly, it is hereby: ORDERED that, no later than thirty (30) days from the date of this Order, Plaintiff shall submit a letter of no more than three (3) pages demonstrating good cause as to why this case should not be dismissed p ursuant 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.&quo t; 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 prejudic e suffered by the defendant as a consequence of the delay." Id. (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. (Signed by Judge Vernon S. Broderick on 6/16/2020) (rro)
|September 27, 2019
OPINION & ORDER re: 38 MOTION to Dismiss complaint. filed by Timothy Maher, NYS Department of Health. For the foregoing reasons, Defendants' motion to dismiss Plaintiff's Complaint, (Doc. 38), is GRANTED and Plaintiff' ;s claims against NYSDOH, Mahar, Wilson, Grabiec, Koenig, D'Anna, and Milone are DISMISSED WITH PREJUDICE. An Order of Service as to the remaining Defendants, the Florida Department of Health and Carlton Fields Law Firm, will be entered concurre ntly with this Opinion & Order.The Clerk of Court is respectfully directed to terminate the motion pending at Document 38, and to mail a copy of this Opinion & Order to the pro se Plaintiff. SO ORDERED. (Peter S. Koenig, Sr, Timothy Maher (Attorney, Legal Affiairs Department, NYS Department of Health), Richard D. Milone, NYS Department of Health, Linda Prescott Wilson, John A. D'Anna and Steven Grabiec terminated.) (Signed by Judge Vernon S. Broderick on 9/27/2019) (rro) Transmission to Docket Assistant Clerk for processing.
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