Rayner v. Pfizer, Inc.

Background

Frances Rayner filed the complaint on January 27, 2025. The case was reassigned to Judge Gregory H. Woods on March 5, 2025. On March 6, the court ordered Rayner to serve the summons and complaint on each defendant within 90 days after the summons was issued. The court warned that it could dismiss the claims for failure to prosecute if Rayner neither served the defendants nor requested more time.

Because the filing fee had not been paid when the complaint was filed, a summons had not yet been issued. The court therefore allowed 90 days from the summons’s issuance rather than from the complaint’s filing. The summons was issued on March 7, 2025, making June 5, 2025 the deadline for service.

Service Deadline and Show-Cause Order

As of July 8, 2025, the docket did not indicate that any defendant had been served. On June 12, the court ordered Rayner to explain by June 19 why the case should not be dismissed for failure to serve process. Rayner did not respond to that order.

Federal Rule of Civil Procedure 4(m) generally requires service within 90 days. If service is not completed, the court must dismiss the action without prejudice or order service by a specified time. If the plaintiff shows good cause for the failure, the court must extend the service period. The court concluded that Rayner had not shown good cause and was not entitled to more time.

Ruling

The court dismissed this action without prejudice because the defendants were not served within the permitted period and Rayner did not show good cause for the failure. “Without prejudice” was the court’s stated disposition. The court also certified under 28 U.S.C. § 1915(a)(3) that any appeal would not be taken in good faith and denied in forma pauperis status for an appeal. The Clerk of Court was directed to close the case.