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JUDITH RIPKA CREATIONS, INC. v. DANN

United States District Court, S.D. New York


March 30, 2004.

Judith Ripka Creations, Inc., Plaintiff, -against- Frank Dann and Fabian Design, Defendants

The opinion of the court was delivered by: LEWIS KAPLAN, District Judge

ORDER

On March 11, 2004, plaintiff's counsel, Theodore S. Steingut, notified chambers by telephone of his intention to request dismissal of any unserved defendants. Mr. Steingut's expressed intention makes moot the requirement of Rule 4(m) that plaintiff be notified before the Court so orders a sua sponte dismissal of the unserved defendants. Accordingly, the complaint is dismissed as to defendants Frank Dann and Fabian Design without prejudice due to plaintiff's failure to serve the complaint with 120 days.

SO ORDERED.

  It is ORDERED that counsel to whom this Order is sent is responsible for faxing a copy to all counsel and retaining verification of such in the case file. Do not fax such verification to Chambers

20040330

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