UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK
June 19, 2006
MICHAEL LIPKIN, JOSHUA SHAINBERG, PLAINTIFFS,
UNITED STATES AND EXCHANGE COMMISSION, ET AL., DEFENDANTS.
The opinion of the court was delivered by: Gabriel W. Gorenstein, Magistrate Judge
The docket sheet in this action indicates that the complaint was filed on February 7, 2006 and that no proof of service of the summons and complaint has been filed. Rule 4(m) of the Federal Rules of Civil Procedure provides:
If service of the summons and complaint is not made upon a defendant within 120 days after the filing of the complaint, the court, upon motion, or on its own initiative after notice to the plaintiff, shall dismiss the action without prejudice as to that defendant or direct that service be effected within a specified time; provided that if the plaintiff shows good cause for the failure, the court shall extend the time for service for an appropriate period.
In accordance with this rule, plaintiffs are directed to arrange for prompt service of the summons and complaint on the defendants. If service is not made by June 7, 2006, or if no application is made in writing by such date to extend the time for service showing good cause for the failure to serve, this action may be dismissed.
Please be aware that the Pro Se Office at the United States Courthouse, 500 Pearl Street, Room 230, New York, New York 10007 (Telephone: (212) 805-0175) may be of assistance in connection with court procedures.
GABRIEL W. GORENSTEIN United States Magistrate Judge
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