Wilhelm v. Dawson Geophysical Company et al
| Robert Wilhelm |
| Dawson Geophysical Company, Stephen C. Jumper, Mark A. Vander Ploeg, Craig W. Cooper, Michael L. Klofas and Ted R. North |
| 1:2021cv09385 |
| November 12, 2021 |
| US District Court for the Southern District of New York |
| Vernon S Broderick |
| Securities/Commodities |
| Plaintiff |
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Filing 4
ORDER: On November 12, 2021, Plaintiff filed this action against Defendants. (Doc. 1.) On February 11, 2022, I issued an order for Plaintiff to submit a letter of no more than three (3) pages, supported by legal authority, demonstrating good cause as to why the case should not be dismissed pursuant to Federal Rule of Civil Procedure 4(m) for Plaintiff's failure to obtain a summons or serve Defendants. (Doc. 3.) I warned Plaintiff that failure to submit a letter would result in dismissal of this action. (Id.) That deadline has passed, and Plaintiff has not submitted a letter demonstrating good cause. Accordingly, it is hereby: ORDERED that this case be dismissed pursuant to Federal Rule of Civil Procedure 4(m). SO ORDERED. (Signed by Judge Vernon S. Broderick on 2/22/2022) (vfr)
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Filing 3
ORDER: On November 11, 2021, Plaintiff filed this action against Defendants Dawson Geophysical Company, Stephen C. Jumper, Mark A. Vander Ploeg, Craig W. Cooper, Michael L. Klofas, and Ted R. North. (Doc. 1.) To date, Plaintiff has not obtained a summons, filed an affidavit of service, or taken any other action to prosecute this case. Accordingly, it is hereby: ORDERED that, no later than February 18, 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 2/11/2022) (kv)
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| NOTICE OF CASE REASSIGNMENT to Judge Vernon S. Broderick. Judge J. Paul Oetken is no longer assigned to the case. (aea) |
| Magistrate Judge Sarah Netburn is so redesignated. (aea) |
| CASE ACCEPTED AS RELATED. Create association to 1:21-cv-09064-VSB. Notice of Assignment to follow. (aea) |
| Case Designated ECF. (vf) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge J. Paul Oetken. 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 Stewart D. Aaron 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..(Rowley, Shane) |
| 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-25329247)Document filed by Robert Wilhelm..(Rowley, Shane) |
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