Montgomery v. PFL Beverage Services IV, LLC et al, No. 6:2017cv06734 - Document 31 (W.D.N.Y. 2018)

Court Description: DECISION AND ORDER denying 22 Motion to Dismiss. Defendant's motion to dismiss [#22] is denied. Plaintiff's time for service under Rule 4(m) is extended by forty-five (45) days from the date of this Decision and Order. Plaintiff shall make arrangements with the Marshal to serve Defendant by personally serving the Summons and Complaint on Rettberg in accordance with NY CPLR § 311-a. (The summons should still be made out to Defendant; Rettberg will merely accept service on Defe ndant's behalf.) Upon the completion of service, Plaintiff shall immediately file the proof of service with the Court. Signed by Hon. Charles J. Siragusa on 10/31/18. Copy of this NEF and decision and order mailed to pro se plaintiff at 7 Abby Lane, Rochester, NY 14606 (KAP)