G&G Closed Circuit Events, LLC v. KOGY, LLC et al

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
HOUSTON DIVISION
G&G CLOSED CIRCUIT
EVENTS, LLC,
Plaintiff,
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v. 	CIVIL ACTION NO. 4:26-cv-64
KOGY, LLC, GEORGE YIRENKYI
Defendants.
MEMORANDUM AND RECOMMENDATION
On 	April 	17, 	2026, 	this 	Court 	rescheduled 	an 	initial 	scheduling
conference and ordered Plaintiff to properly serve Defendants (ECF No. 11).
See F ED. R. C IV. P. 4(m) (requiring defendant(s) to be served within 90 days
after the filing of the complaint). 	The Court advised Plaintiff that failure to
comply would result in a recommendation that the case be dismissed. 	(ECF
No. 11 at 1).
Rule 4(m) provides, “[i]f a defendant is not served within 90 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.” This mandates dismissal
absent good cause shown by Plaintiff for the failure to timely serve. 	Lewis v.
Sec’y of Pub. Safety and Corrs., 870 F.3d 365, 369 (5th Cir. 2017).
United States District Court
Southern District of Texas
ENTERED
June 01, 2026
Nathan Ochsner, Clerk
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Plaintiff has failed to comply with the Court’s order. By failing to comply
with the Court order, Plaintiff has prevented this action from proceeding. The
Court should therefore exercise its inherent power to prevent undue delays in
the disposition of pending cases and sua sponte dismiss this action without
prejudice. See Coe v. United States, No. 3:23-cv-1627, 2023 WL 9231455, at *2
(N.D. Tex. Dec. 21, 2023), report and recommendation adopted, No. 3:23-cv-
1627, 2024 WL 150441 (N.D. Tex. Jan. 12, 2024) (“Rule 41(b) allows a court to
dismiss an action sua sponte for failure to prosecute or for failure to comply
with the federal rules or any court order.”).
Due to Plaintiff’s failure to comply with a Court order, and failure to
serve Defendants as required by Rule 4(m), the Court recommends the case be
dismissed without prejudice.
The Clerk shall send copies of this Memorandum and Recommendation
to the respective parties who have fourteen days from the receipt thereof to file
written objections thereto pursuant to Federal Rule of Civil Procedure 72(b)
and General Order 2002-13. Failure to file written objections within the time
period mentioned shall bar an aggrieved party from attacking the factual
findings and legal conclusions on appeal.
SIGNED in Houston, Texas on June 1, 2026.
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______________________________
Richard W. Bennett
United States Magistrate Judge
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