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HAKALA v. J.P. MORGAN SECURITIES INC.

United States District Court, S.D. New York


July 28, 2004.

JONATHAN HAKALA, Plaintiff,
v.
J.P. MORGAN SECURITIES INC., Defendant.

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

ORDER

The Court's order, dated July 15, 2004, which dismissed the action for failure to serve within the 120-day time period, is vacated, as it was issued in the mistaken belief that the period had expired. The action is reinstated to the active docket.

Plaintiff recently has advised the Court that he "served" the defendant by mailing a copy of a motion to confirm, etc., to it. This does not constitute service for at least two, and perhaps more, reasons. First, the defendant must be served with copies of the summons, the petition, and the motion, whereas the affirmation of service recently provided refers only to the motion and accompanying memorandum. Second, mailing is not an effective means of serving at least the summons and petition. See Fed.R.Civ.P. 4(h)(1).

  Accordingly, while the action has been reinstated, it will be dismissed absent the filing, on or before August 12, 2004, of proof of due and sufficient service.

 

SO ORDERED.
20040728

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