Innovative Sports Management, Inc. v. Huaman

Background

Innovative Sports Management, Inc. filed its complaint on August 28, 2024. It served Sergio Robles Huaman on December 3, 2024. The court determined that service occurred after the 90-day deadline required by Federal Rule of Civil Procedure 4(m). The company had also made two earlier service attempts, both after the deadline, and the opinion states that it offered no explanation for the delay.

Legal standard

Rule 4(m) requires a plaintiff to serve the complaint within 90 days after filing. If service does not occur within that period, the court must dismiss the action without prejudice against the defendant or order service within a specified time. If the plaintiff shows good cause for the failure, the court must extend the service period. The court explained that good cause requires at least excusable neglect, which is assessed using factors including prejudice, the length and reason for the delay, and whether the plaintiff acted in good faith.

Ruling

The court concluded that Innovative Sports Management failed to show good cause or excusable neglect. Judge P. Casey Pitts denied Innovative Sports Management's motion to extend the time for service and dismissed the case without prejudice. The order addressed the service deadline and did not decide the underlying dispute.