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07-1288 - Asanov et al v. Legeido


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07-1288 - Asanov et al v. Legeido
February 19, 2008
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ORDER: The pltf shall have until 3/14/08, to file a return of service, pursuant to Rule 4(l)(1) of the Fed. R.Civ. P., or a status report indicating the status of any additional attempts to serve the deft. The pltf is also advised that, pursuant to Rule 4(m) of the Fed.R.Civ.P., the Court must dismiss an action without prejudice if the complaint and summons are not properly served within 120 days of the filing of the complaint, unless good cause is shown for the failure to properly serve the deft within the 120 day period. That time period does not expire until 4/28/08. Signed by Judge Juliet E. Griffin on 2/19/08. (jb) (cc: pltf by certified and regular mail) Modified on 2/19/08 (jb).
September 22, 2008
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REPORT AND RECOMMENDATION: The Court respectfully RECOMMENDS that the claims of pltfs BioElectroSpec, Incorporated and TIRF Technologies, Inc., and all claims of others "similarly situated" be DISMISSED for failure to comply with the Court's order entered 1/17/08; that the pltf's Second Emergency Petition for Preliminary Injunction and Protective Orders 15 be DENIED; that the deft's Motion for Summary Dismissal 14 be GRANTED; and that this case be DISMISSED with prejudice. Signed by Magistrate Judge Juliet E. Griffin on 9/22/08. (cc: pltf; reg & cert mail to Deft) (tmw) Modified text on 9/22/2008 (tmw).
October 31, 2008
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ORDER: Report and Recommendation 17 is accepted. Claims of Pltfs BioElectroSpec, Incorporated and TIRF Technologies, Incorporated, and all claims of others "similarly situated" are dismissed with prejudice for failure to comply with the Court's 1/17/08 Order requiring these Pltfs to retain counsel and file an amended complaint; Pltf's 15 Motion for Preliminary Injunction and Protective Orders is denied as moot; 14 Motion for Summary Dismissal is granted; and this case is dismissed with prejudice. Entry of this Order on the docket shall constitute entry of final Judgment in accordance with FRCP 58 and 79(a). Signed by Senior Judge Robert Echols on 10/31/08. (cc: Pltf Alexander N. Asanov and Deft Denis K. Legeido by cert and reg mail)(km)