Vitiprints LLC v. Veganz Group AG

Background

Vitiprints LLC filed this action against Veganz Group AG on September 10, 2024. Vitiprints obtained a summons on September 11, 2024. The court stated that Vitiprints had not filed an affidavit of service—a sworn document showing that the defendant was served—or taken any other action to prosecute the case.

Order

The court ordered Vitiprints to submit, by January 10, 2025, an affidavit showing that Veganz was timely served. If Veganz was not timely served, Vitiprints instead had to submit by that date a letter of no more than three pages, supported by legal authority, explaining why the case should not be dismissed under Federal Rule of Civil Procedure 4(m).

The court explained that a sufficient reason for late service generally exists only in exceptional circumstances beyond the plaintiff’s control. It identified the plaintiff’s diligence in attempting service and any prejudice to the defendant from the delay as relevant considerations. It also stated that an attorney’s inadvertence, neglect, mistake, or misplaced reliance does not establish sufficient cause.

Disposition

Judge Vernon S. Broderick ordered Vitiprints to provide proof of timely service or a supported explanation for late service by January 10, 2025. The court warned that failure to submit the required letter and demonstrate sufficient cause for not serving Veganz within 90 days after the complaint was filed would result in dismissal of the action. The order did not rule on the merits of Vitiprints’ claims.