Williams v. Park Avenue Dermatology Associates, P.C.

Background

Milton Williams filed this action against Park Avenue Dermatology Associates, P.C. on March 3, 2025. The court stated that, under Federal Rule of Civil Procedure 4(m), Williams’s deadline to serve the defendant was June 2, 2025.

The court found that Williams had not obtained a summons, filed an affidavit of service, or taken any other action to prosecute the case. The opinion does not discuss the merits of Williams’s claims.

Order

The court ordered Williams to submit, by July 7, 2025, a letter of no more than three pages supported by legal authority. The letter must demonstrate good cause—meaning a legally sufficient reason, generally involving exceptional circumstances beyond the plaintiff’s control—for failing to serve the defendant on time.

The court cited the plaintiff’s diligence in attempting service and any prejudice to the defendant as relevant considerations. It also stated that an attorney’s inadvertence, neglect, mistake, or misplaced reliance does not constitute good cause. The court warned that failure to submit the letter and demonstrate good cause for not serving the defendant within 90 days after filing the complaint will result in dismissal of the action.

Disposition

Judge Vernon S. Broderick did not dismiss the case in this order. Instead, he ordered Williams to explain why dismissal should not occur and warned that failure to make the required showing will result in dismissal.