Hedges v. Sebago USA, LLC

Background

Donna Hedges and the other plaintiffs filed this action against Sebago USA, LLC on May 1, 2025. Plaintiffs obtained a summons on May 2, 2025. As of the order, however, they had not filed an affidavit of service or taken any other action to prosecute the case.

Order to Show Cause

The court ordered plaintiffs to submit, no later than August 29, 2025, a letter of no more than three pages, supported by legal authority, demonstrating good cause for why the case should not be dismissed under Federal Rule of Civil Procedure 4(m). The rule concerns the timely service of process—the formal delivery of the lawsuit and summons to the defendant.

Good-Cause Standard

The court stated that good cause generally exists only in exceptional circumstances when a plaintiff’s failure to serve the defendant on time resulted from circumstances beyond the plaintiff’s control. The court may consider the plaintiff’s diligence in attempting proper service and any prejudice caused to the defendant by the delay. The court also stated that an attorney’s inadvertence, neglect, mistake, or misplaced reliance does not constitute good cause.

Disposition and Effect

Judge Vernon S. Broderick did not dismiss the case in this order. Instead, he ordered plaintiffs to explain why dismissal should not occur and warned that failure to submit the required letter and demonstrate good cause for not serving Sebago USA, LLC within ninety days after the complaint was filed would result in dismissal of the action.