Stein v. Dawson Geophysical Company et al
| Shiva Stein |
| Dawson Geophysical Company, Stephen C. Jumper, Craig W. Cooper, Michael L. Klofas, Ted R. North and Mark A. Vander Ploeg |
| 1:2021cv09064 |
| November 3, 2021 |
| US District Court for the Southern District of New York |
| Vernon S Broderick |
| Securities/Commodities |
| Plaintiff |
Docket Report
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| Filing 5 NOTICE OF VOLUNTARY DISMISSAL pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, with prejudice against the defendant(s) Craig W. Cooper, Dawson Geophysical Company, Stephen C. Jumper, Michael L. Klofas, Ted R. North, Mark A. Vander Ploeg. Document filed by Shiva Stein. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)...(Melwani, Gloria) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT VOLUNTARY DISMISSAL. Notice to Attorney Melwani, Gloria. RE-FILE Document No. #4 Notice of Voluntary Dismissal. The filing is deficient for the following reason(s): the notice of dismissal is pursuant to F.R.C.P. 41(a)(1)(A)(i). Re-file the document using the event type Notice of Voluntary Dismissal found under the event list Notices - select the correct filer/filers - select the correct party/parties the voluntary dismissal is against - and attach the correct signed PDF. (tp) |
| Filing 4 FILING ERROR - DEFICIENT DOCKET ENTRY - NOTICE OF VOLUNTARY DISMISSAL, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, with prejudice against the defendant(s) Craig W. Cooper, Dawson Geophysical Company, Stephen C. Jumper, Michael L. Klofas, Ted R. North, Mark A. Vander Ploeg. Document filed by Shiva Stein. Proposed Order to be reviewed by Clerk's Office staff...(Melwani, Gloria) Modified on 2/7/2022 (tp). |
Filing 3
ORDER: Accordingly, it is hereby: ORDERED that, no later than February 9, 2022, 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." 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 2/2/2022) (kv)
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| Case Designated ECF. (vf) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Vernon S. Broderick. Please download and review the Individual Practices of the assigned District Judge, located at #https://nysd.uscourts.gov/judges/district-judges. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #https://nysd.uscourts.gov/rules/ecf-related-instructions..(vf) |
| Magistrate Judge Sarah Netburn is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (vf) |
| Filing 2 CIVIL COVER SHEET filed..(Melwani, Gloria) |
| Filing 1 COMPLAINT against Craig W. Cooper, Dawson Geophysical Company, Stephen C. Jumper, Michael L. Klofas, Ted R. North, Mark A. Vander Ploeg. (Filing Fee $ 402.00, Receipt Number ANYSDC-25283977)Document filed by Shiva Stein..(Melwani, Gloria) |
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