Guglielmo v. Assouline, Inc.

Background

Joseph Guglielmo filed the action against Assouline, Inc. on July 30, 2020, and obtained a summons for that defendant the next day. On October 7, 2020, he amended the complaint to add Assouline Publishing, Inc. and obtained a summons for that defendant on October 8, 2020.

Court’s Order

The court stated that Guglielmo had not filed affidavits of service or taken any other action to prosecute the case. It ordered him to submit, no later than January 19, 2021, 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 timely service of the summons and complaint.

The court explained that good cause generally exists only in exceptional circumstances where 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 service and any prejudice caused to the defendant by the delay. The order warned that attorney inadvertence, neglect, mistake, or misplaced reliance does not constitute good cause.

Disposition

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