Monegro v. Telebrands Corp.

Background

Frankie Monegro filed this action against Telebrands Corp. on October 14, 2020, and obtained a summons on October 15, 2020. The opinion states that Monegro did not file an affidavit of service or take any other action to prosecute the case.

Service Requirement

Federal Rule of Civil Procedure 4(m) generally requires service of the defendant within 90 days after the complaint is filed. If the plaintiff does not complete service, the court must dismiss the action without prejudice or order service within a specified time. If the plaintiff shows good cause for the failure, the court must extend the service period for an appropriate time. The opinion explains that good cause generally requires exceptional circumstances beyond the plaintiff’s control.

On January 19, 2021, the court ordered Monegro to file an affidavit showing timely service or submit a short, legally supported letter explaining why the case should not be dismissed under Rule 4(m). The order warned that failure to comply would result in dismissal. Monegro did not comply and did not demonstrate good cause for extending the service deadline.

Ruling

Judge Vernon S. Broderick ordered that Monegro’s claims against Telebrands Corp. be dismissed without prejudice under Rule 4(m). The Clerk was directed to close the case. The opinion does not decide the underlying merits of Monegro’s claims.