Mordini v. United States

Background

Robert David Mordini filed a complaint against Ed Belmore in Minnesota state court. The complaint asserted that Mordini lost money and incurred travel expenses because he had to appear in federal court in Duluth, Minnesota.

The United States removed the case to federal court under 28 U.S.C. §§ 1441, 1442(a)(1), and 1446. The United States stated that Belmore was a United States Forest Service employee and that, under 28 U.S.C. § 2679(d)(2), the United States was the proper defendant. The United States later sought extensions of time to answer, explaining that Mordini had not properly served the United States and that it had tried to contact him about the service problem.

Motion to Dismiss

The United States moved to dismiss under Federal Rules of Civil Procedure 4(i) and 4(m). Rule 4(i) governs service on the United States and requires a plaintiff to send the summons and complaint to the United States Attorney for the district where the case is brought, the Attorney General of the United States, and the agency being sued. Rule 4(m) requires dismissal without prejudice when proper service is not completed within 90 days, unless the plaintiff shows good cause for the failure.

On November 20, 2024, the court notified Mordini that he needed to properly serve the United States by December 6, 2024, or show good cause for failing to do so. The deadline passed. The court found that Mordini had served only Belmore, not the United States, and had not shown good cause for the failure.

Ruling

The court held that Rule 4(i) applied because the United States was the proper defendant. Because Mordini did not complete service within the required 90-day period and did not establish good cause, the court granted the United States’ Motion to Dismiss (ECF No. 16).

The court dismissed Mordini’s complaint without prejudice under Rule 4(m) and ordered judgment to be entered. The opinion did not reach the merits of Mordini’s claim for money and travel expenses.