Buchholcz v. Dynamic Transportation Inc.

Background

Arpad Buchholcz filed this action on January 30, 2025, on behalf of himself and others described as similarly situated. The defendants are Dynamic Transportation Inc., doing business as Imperial Moving and Storage, and other defendants. The defendants had not appeared. The docket did not show whether they had been served, and Buchholcz had not requested additional time to serve them.

Service requirement

Federal Rule of Civil Procedure 4(m) generally requires a defendant to be served within 90 days after the complaint is filed. If service is not completed by then, the court may dismiss the action without prejudice or order service within a specified time. If the plaintiff shows good cause, the court must extend the service period for an appropriate time. The court described good cause as requiring diligent attempts to serve combined with exceptional circumstances beyond the plaintiff’s control.

Order

The court ordered Buchholcz to file a status letter by May 9, 2025. The letter must state whether service of the summons and complaint had been made on the defendants. If service had not been made within the 90-day period, the letter must explain why good cause exists to excuse the failure. Buchholcz must file the letter even if service had already been made; in that event, he must also file proof of service by May 9, 2025.

Judge John P. Cronan stated that the court may dismiss the case for failure to prosecute if the required letter is not filed. The order itself did not dismiss the action and did not address the merits of Buchholcz’s claims.