RDPA, LLC v. Geopath, Inc.

Background

RDPA filed its complaint on May 7, 2020. The court had scheduled an initial pretrial conference for August 19, 2020. Geopath moved to postpone that conference so it could challenge the attempted service and potentially seek dismissal for failure to serve the complaint on time. RDPA moved for an extension of time to serve Geopath.

The Rule 4(m) deadline for service was August 5, 2020. RDPA sent Geopath a copy of the complaint and requested a waiver of service on July 8. Geopath declined to waive service. On August 5, RDPA attempted physical service at Geopath’s registered place of business by delivering the complaint and a summons to a building operations manager. The summons was unsigned and unsealed. The record also stated that a Geopath employee found the documents outside Geopath’s office on August 6.

Court’s Analysis

Federal Rule of Civil Procedure 4(a) requires a summons to be signed by the clerk and bear the court’s seal. Rule 4(m) generally requires service within 90 days after the complaint is filed, but permits the court to extend the deadline. The court explained that service of an unsigned and unsealed summons is a serious defect, although courts have discretion to quash the service and preserve the action.

The court found that Geopath had actual notice of the lawsuit before the service deadline expired. It also found no evidence that Geopath would be prejudiced if RDPA were allowed to serve it properly. The court stated that the factors favored an extension of time and that preserving the case was fairer and more efficient than dismissing it and requiring RDPA to refile. The court was persuaded that RDPA would promptly and properly serve Geopath if given more time.

Ruling

The court granted both Geopath’s motion to adjourn the initial pretrial conference and RDPA’s motion for an extension of time to serve. It quashed RDPA’s previous attempt to serve Geopath and extended the service deadline to October 1, 2020.

The court adjourned the initial pretrial conference from August 19 to October 13, 2020, at 3:30 p.m., to proceed by telephone. The parties were directed to submit a proposed case-management plan and scheduling order one week before the conference. The deadline for Geopath to file a motion to dismiss was extended until further order, provided Geopath filed a letter stating its intent to make such a motion by October 6, 2020. RDPA was ordered to produce all communications it had with the court outside the presence of the opposing party. The clerk was directed to terminate Docket Nos. 13 and 17.