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TRUSTEES OF THE SICKNESS AND ACCIDENT FUND v. KOLDA

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

ORDER

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.

  SO ORDERED.

20040218

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