Baez v. RCO Restoration Corp.

Background

Richard Baez filed the action against Darwin Doe, William Morocho, and RCO Restoration Corp. on February 7, 2020. He obtained summonses on February 10, 2020. The order states that Baez had not filed an affidavit of service or taken any other action to prosecute the case.

Order

The court ordered Baez to submit, no later than May 20, 2020, a letter of no more than three pages, supported by legal authority, showing good cause why the case should not be dismissed under Federal Rule of Civil Procedure 4(m). That rule concerns the time limit for serving defendants with the summons and complaint.

The court explained that good cause is generally found only in exceptional circumstances in which the failure to serve process on time resulted from circumstances beyond the plaintiff’s control. It also stated that courts consider the plaintiff’s diligence in attempting proper service and any prejudice caused to the defendant by the delay. The order further stated that an attorney’s inadvertence, neglect, mistake, or misplaced reliance does not constitute good cause.

Warning and disposition

The court did not dismiss the action in this order. Judge Vernon S. Broderick warned that failure to submit the required letter and demonstrate good cause for failing to serve the defendants within 90 days after the complaint was filed would result in dismissal of the action.