United States District Court, S.D. New York
February 18, 2004.
Trustees of the Sickness and Accident Fund of Local One-L, Amalgamated Lithographers of America, et al. Plaintiff, -against- Frieda Kolda, Defendant
The opinion of the court was delivered by: LEWIS KAPLAN, District Judge
Federal Rule of Civil Procedure 4(m) provides that the Court may
dismiss a case if service has not been made within 120 days of filing of
the complaint after notice to the plaintiff.
Since eleven months has passed since the filing of the complaint
without proof of service being filed as to defendant Frieda Kolda, and
that the Court having given plaintiff's counsel the notice required under
Rule 4(m) at a conference with plaintiff's counsel on February 13, 2004,
this case is dismissed without prejudice.
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