ORTIZ v. DELAWARE RIVER PORT AUTHORITY

2:09-cv-06062 | E.D. Pa. | Apr 22, 2010

IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF PENNSYLVANIA CECILIA ORTIZ ROSA MARTINEZ PETE CRESPO, and HECTOR SIERRA, : CIVIL ACTION

: Plaintiffs, : NO. 09-06062 : v. : : DELAWARE RIVER PORT AUTHORITY, : ANTHONY LUKOSIUS : JOHN DAMICO : KRISTA STELLA : JANE DOE : CITY OF PHILADELPHIA : SERGEANT SPRIGGS : NORTH BAR AND LOUNGE : BADCO RLS, LLC : LISA KENNARD, and : RICHARD DONATO :

: : Defendants. : ORDER nd AND NOW , this 22 day of April, 2010, upon consideration of Plaintiffs’ Motion to Remand (Docket No. 2) and supporting Briefs (Docket Nos. 26, 31), as well as Defendant Delaware River Port Authority’s Responses in Opposition (Docket Nos. 21, 32), it is hereby ORDERED that Plaintiffs’ Motion is DENIED . [1] It is so ORDERED .

BY THE COURT:

s/Ronald L. Buckwalter

RONALD L. BUCKWALTER, S.J.

Accordingly, this Order serves as notice to Plaintiffs that failure to properly serve Defendant Richard Donato within thirty days from the date of this Order will result in dismissal of the Complaint against him without prejudice.

2

NOTES

[1] This Order, in part, is based upon the Court’s determination that Plaintiffs’ attempted service of Defendant Richard Donato was ineffective, and thus, Donato has yet to have been served in this case. Federal Rule of Civil Procedure 4(m) provides, in relevant part, that “[i]f a defendant is not served within 120 days after the complaint is filed, the court – on motion or on its own after notice to the plaintiff – must dismiss the action without prejudice against that defendant or order that service be made within a specified time.” F ED . R. C IV . P. 4(m).