Trustees Of The New York City District Council Of Carpenters Pension Fund v…

Background

The petitioners commenced the action on September 20, 2024, by filing a verified petition to confirm an arbitration award. They asked for an extension of the deadline to serve Envision Design Construction Corp. and for permission to use “nail-and-mail” service under New York Civil Practice Law and Rules § 308(4). That method involves attaching the summons to a door and mailing it to the person being served.

The petitioners reported unsuccessful service attempts at Envision’s last known business address in Jersey City, New Jersey; at Robert Knight’s last known address, identified as the president’s address; and at Sharette Davies’s last known address, identified as the chief executive officer’s address. The petitioners said the service deadline had been missed because of an inadvertent oversight caused by staff absences during the holiday season. They also said this was their first request for an extension.

Court’s Analysis

Federal Rule of Civil Procedure 4(m) generally requires service within 90 days after a complaint is filed. The court stated that an attorney’s neglect or mistake does not establish “good cause” for missing the deadline. It therefore concluded that the petitioners’ explanation did not establish good cause.

Even without good cause, however, Rule 4(m) allows a court to extend the service period in its discretion. Because this was the petitioners’ first request for an extension, the court extended the time to serve Envision, retroactively, through January 30, 2025.

The court separately rejected the requested service method. Rule 4(e) permits service under the law of the state where the federal court is located or where service occurs. The court explained that New York’s nail-and-mail provision applies only to natural persons and cannot be used to serve a corporation. It also noted that the provision governing service on corporations does not permit attaching and mailing process, even when service is attempted through an individual associated with the corporation.

Ruling

Judge Jennifer H. Rearden granted in part the petitioners’ request: the court extended the service deadline through January 30, 2025. The court denied the request to serve Envision Design Construction Corp. by nail-and-mail service. The clerk was directed to terminate the petitioners’ motion, identified as ECF No. 8.