Paguada v. Intirion Corporation
- Vernon Broderick
- 1:20-cv-06963
- U.S. District Court · Southern District of New York
- 2
In Paguada v. Intirion Corporation, Judge Broderick ordered Plaintiff to explain the failure to serve Defendant or face possible dismissal.
Josue Paguada was required to submit a letter by December 8, 2020, explaining the service delay and showing good cause; the court warned that failure to do so would result in dismissal of the action.
What happened
In Paguada v. Intirion Corporation, Josue Paguada sued Intirion Corporation on August 27, 2020, and obtained a summons the next day.
The court said Paguada had not filed proof that Intirion was served or taken other action to move the case forward. It ordered him to submit, by December 8, 2020, a letter of no more than three pages explaining why the case should not be dismissed under the federal rule governing service of process.
Judge Vernon S. Broderick warned that failing to submit the letter and show good cause for the service delay would result in dismissal. The order did not dismiss the case at that time.
The detailed version
- Paguada v. Intirion Corporation · No. 1:20-cv-06963
- Vernon Broderick
- Dec. 1, 2020
Background
Josue Paguada filed this action against Intirion Corporation on August 27, 2020, and obtained a summons on August 28, 2020. The court stated that, as of December 1, Paguada had not filed an affidavit of service or taken any other action to prosecute the case.
Order to Show Cause
Federal Rule of Civil Procedure 4(m) generally requires service of the summons and complaint within a specified period. The court ordered Paguada to submit, no later than December 8, 2020, a letter of no more than three pages, supported by legal authority, demonstrating good cause why the case should not be dismissed under that rule. The court explained that good cause is generally limited to exceptional circumstances beyond the plaintiff’s control and that courts consider the plaintiff’s diligence and any prejudice to the defendant caused by the delay.
Disposition
Judge Vernon S. Broderick did not dismiss the case in this order. Instead, he directed Paguada to explain the failure to serve Intirion and warned that failure to submit the letter and demonstrate good cause for not serving the defendant within ninety days after filing the complaint would result in dismissal.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.