FedEx Customer Information Services, Inc. v. Leslee Sports, Inc. et al, No. 7:2007cv00875 - Document 46 (N.D.N.Y 2010)

Court Description: DECISION AND ORDER dismissing the Fourth-Party Complaint against Deft Yehuda Goldman for Lack of Prosecution. Signed by Senior Judge Thomas J. McAvoy on 7/12/2010. (amt) [non-ecf participant(s) served via reg. mail]

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FedEx Customer Information Services, Inc. v. Leslee Sports, Inc. et al Doc. 46 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK -------------------------------FEDEX CUSTOMER INFORMATION SERVICES, INC., Plaintiff, v. 7:07-cv-875 LESLEE SPORTS, INC., and TRI-REGENCY WAREHOUSE PROPERTIES, INC. Defendants. -------------------------------LESLEE SPORTS, INC., and TRI-REGENCY WAREHOUSE PROPERTIES, INC., Third-Party Plaintiffs, v. MICHAEL SILBERBERG, and ROBERT JUSKOVIC a/k/a ROBERT JUSKO d/b/a WORLD CLOSEOUTS AND SURPLUS, Third-Party Defendants. ---------------------------------ROBERT JUSKOVIC a/k/a ROBERT JUSKO d/b/a WORLD CLOSEOUTS AND SURPLUS, Fourth-Party Plaintiffs, v. YEHUDA GOLDMAN, a/k/a KEVIN GOLDMAN, et al, Fourth-Party Defendant. ----------------------------------- Dockets.Justia.com THOMAS J. McAVOY Senior United States District Judge DECISION and ORDER On May 25, 2010, the Court issued a Notice indicating that it appeared that service of the fourth-party complaint had not been effectuated and that the action had not been diligently prosecuted against Fourth-Party Defendant Yehuda Goldman. Pursuant to Fed. R. Civ. P. 4(m) and Local Rule 41.2, Fourth-Party Plaintiffs Michael Silberberg and Robert Juskovich were directed to show cause why the matter should not be dismissed against Yehuda Goldman. There being no response to the Court s notice and no indication that service has been effectuated or this matter otherwise diligently prosecuted against the Fourth-Party Defendant, the Fourth-Party Complaint against Defendant Yehuda Goldman is DISMISSED. IT IS SO ORDERED. Dated:July 12, 2010 - 2 -

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