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
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
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
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